Notice · Personal Injury & Compensation

Mandatory final offer under the Personal Injuries Proceedings Act 2002 (Qld)

The claimant's mandatory final offer under sections 39 and 40 of the Personal Injuries Proceedings Act 2002 (Qld). An offer at or under the upper offer limit is exclusive of costs and stays open for 14 days.

Kind: Notice. A formal notice to serve or publish.
Where it applies: Queensland
AI use: Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at: 23 October 2026
Status: Maintained. Checked on 23 October 2026 against the 2 authorities it cites, for Queensland.
Version: 1
Source: Written for this library

When to use it

Use when a Queensland personal injury claim under the Personal Injuries Proceedings Act 2002 has not settled at the compulsory conference, or the conference has been dispensed with and the 14 days for the offer are running. The client approves the amount in writing. This is not an offer under the Uniform Civil Procedure Rules.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The tool may assemble this offer from the client's written instructions, and the lawyer fixes the amount, the costs term and whether it is made to one respondent or to all of them before it is sent.

AI may

Fill the parties, the claim and the client-approved amount into the offer
Flag an offer at or under the upper offer limit that is not expressed as exclusive of costs
Keep the 14-day open period and the warning that a proceeding is not started while the offer is open
Delete the all-respondents paragraph unless the lawyer has marked that section 39(3) applies

AI must not

Must not choose or change the amount, the costs term or the open period
Must not call this offer an offer to settle under the Uniform Civil Procedure Rules, or copy the New South Wales rule that forbids an inclusive-of-costs offer
Must not insert dollar figures for the lower or upper offer limit
Must not file the offer other than in the sealed envelope at the time section 40 requires, or tell the court its terms before the claim is decided

The lawyer checks

The client approved the amount in writing, and the offer would settle the claim it describes if it is accepted
Section 39: the offer is exchanged at the conference, or within 14 days after the agreement or order dispensing with the conference, unless the court has dispensed with the obligation
Section 40(1): an offer for the upper offer limit or less is exclusive of costs. The regulation that states the limits, and the dollar amounts, were not opened
Section 40(2) and (8) are the costs provisions that were read. Any further costs section, including section 56, was not opened and is not stated here
Section 40(4): the offer stays open for 14 days and a proceeding based on the claim is not started while it remains open
If there are two or more respondents, use section 39(2) for an offer to one respondent. Sections 39(3) to (5) apply only where the claimant has agreed to offer to all of them and all of them have agreed to make a joint offer
If the claimant later starts a proceeding, section 40(5) requires a sealed envelope at the start. The court must not read the offers until it has decided the claim
A respondent who denies liability altogether still offers, and that offer is expressed as $nil. That is the respondent's offer
Sanction or incapacity rules, and any Medicare, Centrelink or NDIS refund, were not opened. Confirm them before the amount is fixed
Health information stays in the firm-controlled tool. The Australian Solicitors' Conduct Rules and the Australian Privacy Principles were not opened

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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