Actions in Respect of Personal Injuries

PIPA notice requirements must be complied with BEFORE commencing court proceedings – s 9(1). PIPA applies to ALL personal injuries arising out of an incident, whether it happened before, on, or after 18 June 2002 – s 6(1). BUT – PIPA does not apply where the Motor Accident Insurance Act 1994 (Qld), Motor Vehicles Insurance Act 1936 (Qld), Workers Compensation and Rehabilitation Act 2003 (Qld) or WorkCover Queensland Act 1996 (Qld) applies.

·         1 month after the claimant first instructs a law practice to act on their behalf and the proposed defendant is identified – s 9A(4)(b); or

·         9 months after the day the medical incident happened or, if symptoms of the personal injury arising out of the incident were not immediately apparent, the first appearance of symptoms of the injury – s 9A(4)(a).

NOTE – for s 9A(4)(b), disregard consultation with a “community legal service” as prescribed under Schedule 2 of the Legal Profession Act 2007.

·         1 month after the claimant first instructs a law practice to act on their behalf and the proposed defendant is identified – s 9(3)(b); or

·         9 months after the incident giving rise to the personal injury happened or, if symptoms of the injury are not immediately apparent, the first appearance of symptoms of the injury – s 9(3)(a).

NOTE – for s 9(3)(b), disregard consultation with a “community legal service” as prescribed under Schedule 2 of the Legal Profession Act 2007.

·         18 months after the day the parent/guardian first consults a practitioner about the possibility of seeking damages for personal injury – s 20C(1)(b); or

·         6 years after the day the parent/guardian knew or ought reasonably to have known the personal injury had occurred – s 20C(1)(a).

s 3 Personal Injuries Proceedings Regulation 2014 full details of information required in Part 1 Notice of Claim.

·         Recipient of Part 1 Notice complies with s 10(1) (gives preliminary response) – s 9(3A)(a); or

·         Recipient does not respond to Part 1 Notice within prescribed time (see s 13) – s 9(3A)(b).

·         the person to whom part 1 of the notice was given complies with section 10(1)

·         the person to whom part 1 of the notice was given is, under section 13, conclusively presumed to be satisfied part 1 of the notice is a complying part 1 notice of claim (s 9(3A))

·         if the person considers that the person is a proper respondent to the claim, give notice to the claimant under section 12; or

·         if the person is unable to decide on the information contained in part 1 of the notice whether or not the person is a proper respondent to the claim, advise the claimant of the further information the person reasonably needs to decide whether the person is a proper respondent to the claim; or

·         if the person considers that the person is not a proper respondent to the claim, give the claimant, in writing reasons why the person considers they are not a proper respondent to the claim and any information they have that may help the claimant to identify a proper respondent to the claim. (s 10(1))

A response under s 10 should also include an acknowledgement that notice by a person that the person considers themselves to be a proper respondent to a claim is not an admission of liability (s 11).

Otherwise, either the prescribed period under a regulation or the later of the following:

·         1 month after being given further information under s 10(2)(a); or

·         1 month after the claimant advises the respondent under s 10(2)(b) or (4)(b) that the respondent is a proper respondent to the claim

·         considers themselves to be a proper respondent; or

·         is given notice under s 10(2)(b) or (4)(b) that the claimant considers the person to be a proper respondent.

The respondent must, within the prescribed period, give the claimant written notice:

·         stating whether the respondent is satisfied that the part 1 notice is compliant;

·         if the respondent is not satisfied, identifying the noncompliance and stating whether the respondent waives compliance;

·         if the respondent does not waive compliance, allowing the claimant a reasonable time, of at least 1 month, to either satisfy the respondent that the claim was compliant or take reasonable steps to remedy the noncompliance. (s 12(2))

‘Prescribed period’ means:

·         if the respondent responds directly to the claimant under this section as contemplated by section 10(1)(a)—the period prescribed under section 10(1); or

·         otherwise – the period prescribed under a regulation; or if no period is prescribed, the later of the following:

o    if the respondent gives notice to the claimant under s 10(3)(a) that the respondent is a proper respondent to the claim – 1 month after the respondent is given the further information under s 10(2)(a)

o    if the claimant advises the respondent under s 10(2)(b) or (4)(b) that the claimant considers the person to be a proper respondent and requires the person to give notice to the claimant – 1 month after the claimant advises the respondent.

·         3 months after the respondent receives a part 1 notice under s 9 of the Act – s 8(1)(a);

·         7 days after the respondent identifies someone else as a contributor- s 8(1)(b)

s 8 Personal Injuries Proceedings Regulation 2014 (Qld)

For s 16(1), the time prescribed is the later of the following:

·         3 months after the respondent receives part 1 of the notice of a claim under section 9 of the Act

·         7 days after the respondent identifies someone else as a contributor – s 8(1) Personal Injuries Proceedings Regulation 2014.

If a respondent adds someone as a contributor under this section, the respondent must give a copy of the contribution notice to each other party within 7 days – s 8(2) Personal Injuries Proceedings Regulation 2014.

A contributor must, within 1 month (or within the time period prescribed under a regulation) after receiving a contribution notice, give the respondent a written response – s 17 Personal Injuries Proceedings Act 2002 (Qld).

·         provide the copies mentioned in subsection (1)(a) within the period prescribed under a regulation or, if no period is prescribed, within 1 month after giving notice of a claim under division 1 or purportedly under division 1 and, to the extent that the reports or material come into the claimant’s possession later, within 7 days after they come into the claimant’s possession; and

·         respond to a request for information by the respondent under subsection (1)(b) within the period prescribed under a regulation or, if no period is prescribed, within 1 month after receiving it – s 22(5)

·         give the claimant the copies mentioned in subsection (1)(a) within the period prescribed under a regulation or, if no period is prescribed, within 1 month after receiving a complying part 1 notice of claim and, to the extent any report or documentary material comes into the respondent’s possession later, within 7 days after it comes into the respondent’s possession; and

·         respond to a request for information by the claimant under subsection (1)(b) within the period prescribed under a regulation or, if no period is prescribed, within 1 month after receiving it – s 27(2)

·         within 60 days after the conclusion of the compulsory conference; or

·         within a further period agreed by the parties within the 60 day period mentioned in paragraph (a) or fixed by the court on an application made by the claimant within the 60-day period mentioned in paragraph (a) – s 42(1)

Before starting proceedings in court there must be a compulsory conference – s 36.

See s 42(2) for time limits where compulsory conference dispensed with by parties or the Court.