---
title: "Keep Queensland injury-scale damages off the safety-defect claim"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-which-damages-rules-apply-to-a-safety-defect-injury/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PR20261023-6-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "red"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Keep Queensland injury-scale damages off the safety-defect claim

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-which-damages-rules-apply-to-a-safety-defect-injury/queensland  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| 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. |
| Written for | Queensland |
| Applies to | [Work out which damages rules apply to a safety-defect injury](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-which-damages-rules-apply-to-a-safety-defect-injury.md) |

## Checking plan

**Lawyer-led judgement**

Part VIB travels with the Part 3-5 claim into either court. Queensland adds the injury scale for a fault claim. No figure from the indexation table is adopted here. The lawyer writes the advice.

- What the AI does: 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 does: The lawyer writes which Queensland damages rules apply.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Do not copy a base or variable amount from the notice into the advice until the lawyer confirms it is in force.
2. 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.
3. Confirm s 87S on the Part 3-5 non-economic-loss claim.
4. Name the practitioner on any Supreme Court submission under Practice Direction 5 of 2025.

## Notes

- 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.

## Practical guide

Jurisdiction: A Queensland fault claim beside a Part 3-5 claim

**Deliverable**: The lawyer's note of which Queensland scale applies, and which Commonwealth rules apply to the safety-defect claim.

**Inputs**

- The causes of action pleaded
- The injury summary accepted by the lawyer
- The indexation notice the lawyer confirms

**Example**: 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 escalate when**

- An indexation figure is used without confirming the notice.
- The injury scale is applied to the Part 3-5 claim.

Checked 2026-10-23.

## Sources

- [Civil Liability Indexation Notice 2026 (Qld), s 4](https://classic.austlii.edu.au/au/legis/qld/num_reg/clin2026305/s4.html) (checked 2026-10-23)
- [Competition and Consumer Act 2010 (Cth), s 87E and s 87M](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/s87m.html) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*