Personal injury law firms in Queensland must comply with specific legislation that sets out rules for resolving injury claims. Commonly called PIPA, these laws regulate how personal injury lawyers market their businesses and manage injury claims.
The Act covers personal injuries arising from various incidents and emphasises the importance of complying with specific sections and notice requirements before initiating court action.
Our legal guide provides an overview of the Personal Injury Proceedings Act and how it helps injured people in Queensland.
How is a ‘personal injury' defined?
Personal injuries can concern physical damage, psychological harm or an illness that was acquired through someone else’s negligence. These categories are broad, and many circumstances can give rise to a personal injury claim.
For example, someone has been involved in a bicycle accident and sustained a spinal injury and a broken leg (two harmful physical injuries). As a result of the crash, the same person also developed severe stress and anxiety (two equally serious psychological injuries).
What is the Personal Injury Proceedings Act 2002 (Qld) – PIPA?
The Personal Injuries Proceedings Act 2002 (PIPA) is a Queensland legislation that sets guidelines for making personal injury claims before starting court action.
Queensland legislation explains that “The main purpose of this Act is to assist the ongoing affordability of insurance through appropriate and sustainable awards of damages for personal injury.”
These laws aim to balance the benefits and cost of insurance premiums and ensure injured people receive proper compensation.
To achieve this outcome, the Queensland Parliament introduced a specific legislative method called the Personal Injury Proceedings Act 2002 (Qld). Often called “PIPA,” this act governs personal injury claims and also specifies how personal injury lawyers can describe their legal services.
In Queensland, PIPA applies to most personal injury claims, which generally must be started within three years, although the time may be extended if a material fact was unknown. It does not apply to claims governed by separate legislation, such as:
- Motor vehicle accidents
- Workplace injuries
- Claims involving tobacco products
The following Acts regulate these types of accidents:
- Motor Accident Insurance Act 1994 (Qld)
- Motor Vehicles Insurance Act 1936 (Qld)
- Workers’ Compensation and Rehabilitation Act 2003 (Qld)
- WorkCover Queensland Act 1996 (Qld)
Where did PIPA originate?
The introduction of PIPA aimed to keep insurance affordable by ensuring appropriate and sustainable personal injury awards.
- Before the collapse of HIH insurance and the terrorist attacks in New York on 11 September 2001, there was data showing that public liability insurance premiums were rising.
- These events significantly impacted the insurance industry, leading to a significant (in some cases, up to 1000%) increase in public liability insurance premiums.
These massive premium hikes affected the viability of not-for-profit organisations and several small businesses, particularly tourism operators.
- Although many factors contributed to rising insurance premiums, governments across Australia responded with targeted legislation to contain the problem
- This legislation included PIPA, which reduced the cost of legal proceedings by outlining a rigid process that claimants must follow before cases proceed to court
How is PIPA applied in the real world?
While it’s fascinating to understand the history of personal injury law, it’s equally fascinating to see some instances where the courts have applied PIPA.
- Under section 27(1)(b) of the Act, potential claimants are entitled to ask defendants for “evidence that is in the respondent’s custody about the circumstances of, or the reasons for, the incident”.
- In other words, the party accused of causing a personal injury must cooperate with the party seeking compensation by providing information related to the claim.
The courts considered this section of PIPA in Haug v Jupiters Limited.
This case involved Ian Haug, the guitarist of the famous Australian rock band Powderfinger. Haug pursued legal action against Jupiter’s Casino in Brisbane after he was injured in an altercation with security personnel.
Haug requested detailed security information from the casino, such as “the identifying description of all cameras that filmed the incident and where they were located.”
QLD Court of Appeal Decision
The Queensland Court of Appeal decided this request was “not about the circumstances of, or reasons for, the incident,” as required by the disclosure obligations under section 27. Instead, the Court found this information related to “matters of security relevant to [the casino’s] proper functioning.
The events of these days did not unfold as Haug had anticipated, and the court ordered him to cover the casino’s legal expenses.
Pre-court Procedures under the PIPA ACT
Overview of Pre-court Procedures
The Personal Injuries Proceedings Act 2002 (PIPA) sets out specific pre-court procedures that claimants must follow before commencing court proceedings. The pre-court procedures under PIPA aim to resolve personal injury claims through mediation and require the claimant to provide:
- A notice of claim which is a written notice
- The respondent’s preliminary response
- And a compulsory conference
Before a personal injury claim can proceed to court, PIPA mandates several pre-court procedures designed to streamline the process and encourage an early settlement. As a result, the claimant must serve a notice of claim to the respondent detailing the incident and the injuries sustained.
Medical Negligence Claims
In a medical negligence matter, the claimant first serves an initial notice, and the health service provider must respond within one month. The information required in that notice includes enough detail about:
- The medical incident
- The medical services alleged to have given rise to the injury
- Any medical treatment received
After that first step, the claimant has 12 months to gather evidence, including any written report needed from a medical specialist.
- This notice starts the process and allows the respondent to prepare a preliminary response
- The respondent has one month to respond to a Part 1 Notice, which provides the respondent’s initial stance on the claim
Potential responses include:
- Admitting liability
- Denying the claim
- Requesting further information
In medical negligence claims, the respondent must also disclose all records related to the medical services, which helps assess whether there is a viable medical negligence claim.
Compulsory Conference
Finally, both parties attend a compulsory conference to try to resolve the matter without court proceedings.
- This process seeks to reach an agreement, including a structured settlement with periodic payments instead of a lump sum
- If the matter does not resolve, court proceedings must usually start within 60 days
Mandatory Final Offer
Compulsory conferences usually end with a mandatory final offer that may affect costs if the matter proceeds.
Key Requirements for PIPA Claims
Time Limits for Making a Claim
Under PIPA, there are specific time limits for making a claim.
For medical negligence claims, you must also serve an initial notice within 9 months of the medical incident or the first appearance of symptoms.
A claimant must give a Part 1 Notice of Claim to the proposed defendant within either
- 1 month of instructing a law practice to act on their behalf and identifying the liable defendant
- 9 months after the incident that caused the personal injury, or the first appearance of symptoms of the injury
A claimant must comply with their limitation period to be eligible to receive compensation, and if compliance is disputed, the court may consider the extent of any delay.
These time limits ensure claims are made while evidence is still fresh and provide a clear timeline for both parties.
Notice of A Claim
It’s vital that a notice of claim is served on the respondent before court proceedings commence, and the following information must be included:
- The claimant’s name and address
- The respondent’s name and address
- A description of the incident giving rise to the personal injury, including any relevant conduct said to have caused the injury and the direct result of it
- The nature and extent of the personal injury suffered, and any loss said to flow from it
- The notice of claim must also be accompanied by a medical certificate as evidence of the claimant’s personal injury
- The injured person may also need to identify the losses being claimed, such as past and future medical costs and compensation for loss of earnings due to the injury
The notice of a claim is a crucial component of personal injury proceedings under PIPA as it:
- Sets the stage for the entire claims process
- Substantiates the claimant’s injuries
Serving a well-prepared notice of claim to the liable party advances the court proceedings and ensures they take their response seriously.
How Much Compensation is Available Under PIPA
There is no standard “PIPA compensation” figure in Queensland. Instead, the amount of compensation available is based on the legally recoverable personal injury damages and the facts of the case.
Queensland uses an ISV framework set out in the Civil Liability Act 2003 (Qld), with the scale and assessment details in the Civil Liability Regulation 2025 (Qld).
Free Initial Legal Advice for PIPA Claims
The compensation lawyers at Splatt Lawyers can explain complex PIPA legislation in plain English. Our 100% ‘No Win, No Fee’ funding policy means our clients pay legal fees and outlays only if they win, and nothing if they lose.
If you have sustained injuries in a car, workplace, or public place accident, our Queensland lawyers can explain your rights. It’s free to know your options. Call 1800 700 125
Personal Injuries Proceedings Act FAQs
What are the requirements to claim negligence in Queensland?
You must prove four elements to successfully claim compensation for negligence in Queensland.
- Duty of care: show that the other party had a legal responsibility for your safety
- Breach of duty: the other party failed to take reasonable steps for your safety. (Under the Civil Liability Act 2003 (Qld), the risk must be foreseeable and not insignificant.)
- Causation: You must prove the careless act directly caused your injury. If the harm would have happened anyway, this element will fail.
- Damage or financial loss: You must establish genuine damages, financial loss or physical injury acknowledged by law.
What classifies as personal injury?
A personal injury is any physical, psychological, or emotional harm suffered by a person because of the negligence or intentional act of another person or party.
Can you sue for personal injury in Australia?
Yes, you can sue for personal injury in Australia when you are injured by someone else’s carelessness or wrongful behaviour and suffer physical or psychological damage as a consequence.
What are mandatory final offers in Queensland?
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What are the stages of a personal injury claim?
A mandatory final offer (MFO) in Queensland is an official written settlement offer between the parties to a personal injury claim at the end of an unsuccessful pre-court compulsory conference.