Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the specialised practitioner roadmap for managing a contested CTP personal injury claim where liability is denied in Queensland. Designed explicitly for personal injury litigators, this guide details evidence collection and court filing steps. Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Jurisdiction: This guide applies to contested trials in the Supreme or District Court of Queensland, Australia (District Court for quantum up to $750,000; Supreme Court above $750,000). The governing rules can be verified on the or the state .
Key Case Law: Cabato v Paltridge [2025] QDC 59 (social media scrutiny - 25% contributory negligence; only some claimed injuries accepted); Bauer v Clay [2025] QSC 114 ($600K+ awarded despite delayed treatment where testimony credible); Clements v Margalit [2025] QDC 197 (broad disclosure obligations - social media and recreational activity disclosure not unreasonable). Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
Contributory Negligence (Civil Liability Act 2003): s 47 (general - 'just and equitable' percentage reduction; no threshold below which claim barred); s 48 (reliance on intoxicated defendant - minimum 25% reduction); s 49 (MVA passenger with driver BAC ≥ 150mg/100mL - minimum 50% reduction). Seatbelt non-use: typical 15-25% reduction but assessed case-by-case; onus on defendant to prove both non-use AND that it contributed to severity. Additional forms are accessible via the Queensland Government Portal.
Mandatory Final Offers (s 51C MAIA): Exchanged after unsuccessful conference. If judgment less favourable than rejected MFO - court may award INDEMNITY COSTS. Strategic risk assessment is critical. Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
The Process at a Glance: Insurer liability denials require proactive evidence collection. The process involves collating police reports, witness statements, CCTV/dashcam footage, and accident reconstruction expert reports, assessing contributory negligence risks, presenting findings at the pre-court conference, exchanging MFOs, and filing a Statement of Claim within 60 days if unresolved. Practitioners should check the official Queensland Government Portal and Queensland Legislation Registry for regular procedure updates.
* 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.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Represent client at the s51A conference and exchange written final offers.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Draft, file, and serve the Statement of Claim in the appropriate court jurisdiction.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Mandatory Final Offers (Motor Accident Insurance Act 1994 (Qld) s 51C) - if judgment is less favourable than a rejected MFO, the court may award indemnity costs. Strategic risk assessment is critical.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.