Legal Project Management Plan & Checklist
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.
Queensland, Australia. Contested CTP trials are heard in the District Court (claims up to \,000) or the Supreme Court (claims above \,000). The governing scheme is the and the .
When liability is denied, the claimant must affirmatively prove fault before quantum becomes relevant. The process starts with securing the police report, requesting witness details, obtaining dashcam and CCTV footage, and briefing an accident reconstruction expert where needed. Contributory negligence is assessed and any discounts are calculated. Both parties attend the compulsory pre-court conference with full evidence. If the conference fails to resolve the matter, Mandatory Final Offers are exchanged under s 51C - a claimant who obtains a judgment less favourable than the MFO they rejected may face indemnity costs. A Statement of Claim must be filed within 60 days of the unsuccessful conference. The matter then proceeds through pleadings, discovery, and expert conclave before trial.
Key legislation: Motor Accident Insurance Act 1994 (QLD) - s 51A (pre-court conference), s 51C (mandatory final offers and costs consequences). Civil Liability Act 2003 (QLD) - s 47 (contributory negligence, just and equitable reduction), s 48 (reliance on intoxicated defendant, minimum 25%), s 49 (passenger with intoxicated driver BAC 150mg/100mL or above, minimum 50%). Seatbelt non-use: typical 15-25% reduction, onus on defendant to prove both non-use and contribution to severity. Civil Liability Regulation 2025 (QLD) - ISV tables. Uniform Civil Procedure Rules 1999 (QLD) - pleadings and evidence. Key cases: Cabato v Paltridge [2025] QDC 59 (social media scrutiny, 25% contributory negligence); Bauer v Clay [2025] QSC 114 (\+ despite delayed treatment where testimony credible); Clements v Margalit [2025] QDC 197 (broad disclosure obligations confirmed, social media not unreasonable); Murphy v Madill [2025] QSC 103 (\+ for disentangling multiple accident injuries).
* 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) - Liability Denied Litigation Track 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.
Collate police investigation records, witness statements, and expert reconstruction evidence.
Represent client at the s51A conference and exchange written final offers.
Draft, file, and serve the Statement of Claim in the appropriate court jurisdiction.
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