Legal Project Management Plan & Checklist
Use this plan when your client has been injured in a motor vehicle accident in Queensland and wants to make a Compulsory Third Party (CTP) personal injury claim against the at-fault driver's insurer. This plan covers the full lifecycle from the initial consultation and Notice of Accident Claim Form (NOAC) through to post-settlement compliance, including matters where liability is disputed, impairment needs to be assessed, or court proceedings may be required. This plan has three forks: Liability Denied (for contested matters proceeding to trial), Admitted Liability (for quantum-only negotiations), and Nominal Defendant (for claims against unidentified or uninsured vehicles).
Queensland, Australia. Claims are managed under the Motor Accident Insurance Commission (MAIC) scheme and regulated by the Motor Accident Insurance Act 1994 (QLD). Damages are assessed under the Civil Liability Act 2003 (QLD).
Use this fork when the CTP insurer has denied liability for the accident and the matter is proceeding toward a contested trial. This fork covers the additional steps required to build a liability case - gathering police reports, witness statements, surveillance footage, and accident reconstruction expert evidence - before the pre-court conference and, if necessary, filing a Statement of Claim.
Use this fork when the CTP insurer has admitted liability for the accident and the matter is focused entirely on quantum - that is, the amount of compensation the claimant should receive. This fork covers ISV calculation, economic loss computation, the pre-court conference, and Mandatory Final Offer exchange.
Use this fork when the claimant was injured in a motor vehicle accident involving a vehicle that cannot be identified (a hit-and-run) or a vehicle that was not insured for CTP purposes. Claims in these circumstances are made against the Nominal Defendant - a statutory body that stands in place of the absent or uninsured driver.
A CTP claim begins with calculating the NOAC deadline - the earlier of 9 months from the accident or 1 month after first consulting a lawyer (s 37 MAIA). The NOAC is served on the at-fault insurer, who must comply within 14 days (s 41). The insurer funds reasonable medical treatment and rehabilitation. Once the injury stabilises, an independent medical examination assesses the Injury Severity Value (ISV) under the Civil Liability Regulation 2025. Heads of damage are calculated, including general damages (capped by ISV), past and future economic loss (5% discount rate), and special damages. The parties attend a compulsory pre-court conference. Mandatory Final Offers (MFOs) are exchanged under s 51C if the conference fails. If settlement is reached, the file moves to post-settlement compliance including Medicare and Centrelink refunds. If no agreement, proceedings are filed in the District or Supreme Court within 60 days.
Key legislation: Motor Accident Insurance Act 1994 (QLD) - s 37 (NOAC deadline), s 41 (insurer compliance within 14 days, liability decision within 6 months), s 51A (pre-court conference), s 51C (mandatory final offers), s 31 (Nominal Defendant). Civil Liability Act 2003 (QLD) - s 47 (contributory negligence, just and equitable reduction), s 48 (intoxicated defendant, minimum 25%), s 49 (passenger with intoxicated driver, minimum 50% if BAC 150mg/100mL or above). Civil Liability Regulation 2025 (QLD) - ISV tables for general damages calculation. Civil Liability Indexation Notice 2025 - maximum general damages (ISV 100): \,100 (2025-26 FY). Motor Accident Insurance Indexation Notice 2025 - costs thresholds: below \,090 = no legal costs; \,090-\,870 = capped at \,860; above \,870 = standard costs. Legal Profession Act 2007 (QLD) s 347 (50/50 rule). Health and Other Services (Compensation) Act 1995 (Cth) s 23A (Medicare refund). Limitation of Actions Act 1974 (QLD) s 11. Key cases: Ford v Nominal Defendant [2023] QCA 83 (proper inquiry and search standard); Cabato v Paltridge [2025] QDC 59 (social media and contributory negligence); Bauer v Clay [2025] QSC 114 (credible testimony, delayed treatment); Brown v Islip [2026] QSC 92 (maintaining employment does not equal PTSD recovery).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Motor Vehicle Accident Claim (Claimant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for PERSONAL_INJURY cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Complete conflict check, intake interview, calculate NOAC deadline, and execute conditional costs agreement with 5-day cooling-off period.
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Draft Form 1 NOAC with Form 1A Medical Certificate and Law Practice Certificate. Serve on CTP insurer within statutory deadline under s 37.
Receive and review insurer s 41 compliance notice. Monitor 6-month liability decision deadline. Respond to any s 42-44 information requests.
Coordinate rehabilitation funding under s 38. Manage treating doctor referrals, physiotherapy, and psychological treatment plans.
Obtain IME reports, determine WPI and ISV rating under Civil Liability Regulation 2014 Schedule 4, and compute all heads of damage.
Serve Form 4 notice, compile Schedule of Damages, attend s 51A pre-court conference, and exchange final offers.
Execute discharge deed, process Medicare and Centrelink statutory recoveries, disburse net funds from trust, and close the file.