Keep Queensland injury-scale damages off the safety-defect claim
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- List the heads of loss and the tests the lawyer names. Keep Part VIB on the Part 3-5 claim. Put the Queensland injury scale only on a fault claim. Do not write the advice or adopt a dollar figure.
- What the lawyer must review
- Write the advice. Part VIB applies to the Part 3-5 claim through s 87E, in this court or the Federal Court.
- General damages on a fault claim use Civil Liability Act s 75 and the indexation notice in force.
- The 2026 notice opened on AustLII fixes 2026–2027 amounts and is marked as made. Confirm it before using a figure.
- Do not apply ACL s 275 to a Part 3-5 claim. It limits liability for a services-guarantee failure.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A Queensland fault claim beside a Part 3-5 claim
Produce. The lawyer's note of which Queensland scale applies, and which Commonwealth rules apply to the safety-defect claim.
Have ready. The causes of action pleaded; The injury summary accepted by the lawyer; The indexation notice the lawyer confirms.
Example of the limit. Illustrative example: The pleading has a negligence count and a safety-defect count. The lawyer uses the injury scale for the negligence count only, after confirming the notice in force, and Part VIB for the safety-defect count.
Stop and hand it back when
- An indexation figure is used without confirming the notice.
- The injury scale is applied to the Part 3-5 claim.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. List the heads of loss and the tests the lawyer names. Keep Part VIB on the Part 3-5 claim. Put the Queensland injury scale only on a fault claim. Do not write the advice or adopt a dollar figure. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Do not copy a base or variable amount from the notice into the advice until the lawyer confirms it is in force.
- Do not state a current Part VIB dollar maximum. Section 87M sets $250,000 for the year the Part commences and, for a later year, indexes the previous year's maximum by the September CPI ratio, to the nearest $10.
- Confirm s 87S on the Part 3-5 non-economic-loss claim.
- Name the practitioner on any Supreme Court submission under Practice Direction 5 of 2025.
Sources
- Civil Liability Indexation Notice 2026 (Qld), s 4 · 2026-10-23
- Competition and Consumer Act 2010 (Cth), s 87E and s 87M · 2026-10-23
If a submission is filed in the Supreme Court of Queensland, Practice Direction 5 of 2025 requires a named practitioner to verify the references. It is not a general ban on generative AI.
No dollar from the indexation table is stated in this version.