Notice of claim (non-healthcare claims) (Form 1)

Section 9 of the Personal Injuries Proceedings Act 2002 (Qld) requires a claimant, before starting a court proceeding for personal injury, to give written notice of the claim in the approved form to the person they propose to sue. The approved form is in two parts, may require information to be verified by statutory declaration, and must authorise the respondent and its insurer to access records relevant to the claim (s 9(1)-(2)). Part 1 must be given by the earlier of 9 months after the incident (or the first appearance of symptoms) and 1 month after the claimant first instructs a law practice and the respondent is identified (s 9(3)). Part 2 follows within 2 months after the respondent's preliminary response (s 9(3A)). Form 1, Version 7, is the current form for non-health care claims. The Queensland Government says the current notice of claim forms took effect on 1 September 2025 and the previous forms are no longer valid.

When you need it

• You personally suffered an injury in an incident you say was caused by someone else's fault, and you want to claim damages.
• You are completing it for an injured person who cannot do it themselves. A parent or legal guardian may give the notice for a child (s 9(4)). All answers must relate to the injured person.
• Not for medical negligence (use Form 2, health care claims) or for a relative's claim after a fatal injury (use Form 3, dependency claims).
• Not where the Motor Accident Insurance Act 1994 applies, or where a claim against an employer is regulated by the Workers' Compensation and Rehabilitation Act 2003 (s 6).

1. 1

   Part 1, Section A: claim details

   Name each respondent and their address. Give the injured person's details and other names, whether an interpreter is needed, when a lawyer was first consulted and instructed, any other people you have given or will give a notice to, and, if the respondent is the State, the government department you believe is responsible.

2. 2

   Part 1, Section B: the incident

   Give the date, time and place, weather, a diagram or image if useful, a description of how it happened, which emergency or investigating bodies attended, protective devices, drugs or alcohol in the previous 12 hours, witnesses, and who you say caused the incident and why. The form says it is essential to name the person at fault and give reasons.

3. 3

   Part 1, Sections C and D: injuries and documents

   List the injuries, their current effect, treatment and any previous claims. Attach medical reports, incident reports, the diagram, and the law practice certificate (if a lawyer acts) or the claimant certificate (if you sign). Sign the declaration and authorisation before a witness under the Oaths Act 1867.

4. 4

   Part 2, Sections E to H: losses and offer

   Complete loss of income from employment or self-employment, treatment since Part 1, and whether you can make an offer of settlement. An offer must be accompanied by the medical and other material that would help the respondent assess it. Attach tax returns for the three years before the incident and any reports not given with Part 1, then make the second declaration.

5. 5

   Keep the form intact

   The form says its questions must not be altered. Use a black or blue pen or type, follow the 'go to' instructions, and attach labelled pages if you need more space. You can tear off and keep the three instruction pages, but the cover page must stay with the document.

• The notice is not filed in court. Give Part 1 to each person you believe caused the incident. For a claim against the State, Part 1 is effective only if given to the Crown solicitor and it identifies the responsible department (s 9(8)). The form gives Crown Law's address.
• Within 1 month after receiving Part 1, the respondent must say whether it is a proper respondent (s 10). If it is, it must say whether Part 1 complies and, if not and it does not waive the problem, allow you at least 1 month to fix it (s 12).
• Give Part 2 to the same person within 2 months after the respondent's preliminary response, or after it is presumed to accept that Part 1 complies (s 9(3A)).
• Within 6 months after receiving a complying Part 1, the respondent must say whether liability is admitted or denied, state any contributory negligence as a percentage, and respond to or invite an offer of settlement (s 20).

• Give Part 1 as early as you can. If it is late, you must still give it, with a reasonable excuse for the delay (s 9(5)). The time limits in s 9(3) do not apply to claims for injury from child abuse (s 9(9C)).
• If a complying Part 1 notice is given before the limitation period ends, a proceeding may still be started within 6 months after the notice is given, even if the limitation period has expired (s 59).
• Keep a copy of everything you send. The form explains that you may be asked for more information or a medical examination and must take reasonable steps to recover and reduce lost income.