Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the practitioner roadmap for managing a CTP personal injury claim from the insurer perspective in Queensland. Designed explicitly for insurance claims managers and defence solicitors, this guide covers insurer obligations under the Motor Accident Insurance Act 1994 (QLD). Additional forms are accessible via the Queensland Government Portal.
Jurisdiction: This guide applies to CTP insurers operating in Queensland, Australia. The governing rules can be verified on the Queensland Government Portal or the state Legislation Registry.
Key Obligations: Compliance notice within 14 days of NACF receipt (s 41). Liability decision within 6 months (s 41(1)(c)). Rehabilitation decisions within 10 calendar days (MAIC Rehabilitation Standards). Must follow Guideline for Arranging Medico-Legal Assessments.
Contributory Negligence Tools: Civil Liability Act 2003 s 47 (general 'just and equitable' reduction); s 48 (intoxicated defendant reliance - minimum 25%); s 49 (MVA passenger with intoxicated driver - minimum 50% if BAC ≥ 150mg/100mL). Additional forms are accessible via the Queensland Government Portal.
Costs Thresholds (2025-26 FY): Settlements below $58,090 = claimant cannot recover legal costs. $58,090-$96,870 = capped at $4,860. Above $96,870 = standard costs. Mandatory Final Offers (s 51C) have significant costs consequences - unreasonable rejection may attract indemnity costs orders. Additional procedural resources can be found on the Queensland Government Portal and the Queensland Legislation Registry.
The Process at a Glance: Insurers face strict statutory decision deadlines. The workflow begins with reviewing a received NOAC for compliance within 14 days, investigating the accident circumstances to make a liability decision within 6 months, managing rehabilitation funding requests (10-day response), and participating in the pre-court conference to resolve the claim or brief defence counsel. 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 (Insurer) 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.
Review the NOAC within 14 days and issue compliance or deficiency notice.
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.
Investigate the accident, gather police files, and issue the formal liability decision within 6 months.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Review and approve rehabilitation funding requests under Section 38.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Contributory negligence provisions under Civil Liability Act 2003 (Qld):
Cabato v Paltridge [2025] QDC 59 - courts upholding broad disclosure obligations including social media scrutiny.
Clements v Margalit [2025] QDC 197 - social media and recreational activity disclosure not unreasonable.
Funding initial rehabilitation assessment under Motor Accident Insurance Act 1994 (Qld) s 38 without admitting liability does NOT constitute an admission of liability.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.