What happens at a compulsory conference in a Queensland injury claim (2026)
A compulsory conference is a settlement meeting that must happen before a Queensland personal injury claim goes to court. It applies to CTP, public liability, medical negligence and WorkCover damages claims. Each side must attend and genuinely try to settle. If the claim does not settle, both sides exchange written final offers, which can affect costs later.
Key takeaways
What a compulsory conference is
A compulsory conference is a formal settlement meeting at the end of the pre-court steps. It is not a court hearing. Instead, you and the other side, often an insurer, meet to try to resolve the claim. Three Queensland Acts require it before anyone can start court proceedings.
First, Personal Injuries Proceedings Act 2002 (PIPA) s 36 covers most public liability and medical negligence claims. Second, Motor Accident Insurance Act 1994 (MAIA) s 51A covers CTP claims. Third, Workers’ Compensation and Rehabilitation Act 2003 (WCRA) s 289 covers WorkCover damages claims. The rules are similar, but the details differ.
When the compulsory conference happens
Any party can call the conference. However, the timing rules differ by scheme, as the table shows. The parties can also agree to change the time or place, or adjourn the conference.
In addition, a court can fix the time and place, or dispense with the conference for good reason. Under PIPA and MAIA, the parties may also agree to skip it for good reason (ss 36(4), 51A(4)). When deciding, the court must consider how well each side has met its obligations.
|
Scheme |
When it can be called |
Section |
|---|---|---|
|
Public liability and medical negligence (PIPA) |
At an agreed time, or after the relevant day at a reasonable time the caller nominates. The relevant day is generally 6 months after a complying Part 1 notice. |
PIPA s 36(2)–(3) |
|
CTP (MAIA) |
At an agreed time, or after the relevant date. That is 6 months after notice of the claim or, if the insurer asked for more information, 1 month after you supplied it, whichever is later. |
MAIA s 51A(2)–(3) |
|
WorkCover damages (WCRA) |
Must be held within 3 months after the insurer gives its written notice under s 281, unless the parties agree to a later date. |
WCRA s 289(3)–(4) |
What you receive before the conference
The conference only works if both sides are ready. So each party must give the others any outstanding documents at least 7 days before it. Under WCRA s 290A, the period is 5 business days. Each must also confirm in writing that it has provided all relevant documents. In addition, each gives details of its lawyers and a certificate of readiness (PIPA s 37, MAIA s 51B).
The certificate confirms that the party has finished investigating and has its expert reports. Also, if you have a lawyer, the certificate must confirm your lawyer has given you a costs statement. Under PIPA s 37(4) and MAIA s 51B(7), it must set out your costs to the end of the conference. It must also estimate your costs if the claim goes to trial. Finally, it explains the costs consequences of different court results.
For WorkCover claims, the lawyer gives you a financial statement instead (WCRA s 290A(3)). Besides costs, it must estimate your likely net damages if the claim settles and if it goes to trial. So read it closely, because it helps you compare offers.
What happens at a compulsory conference
At a compulsory conference, each party must attend and actively try to settle, unless it has a reasonable excuse. This rule appears in PIPA s 38(6), MAIA s 51B(10) and WCRA s 289(8). For the insurer, that means someone with authority to settle. For WorkCover claims, the Act also says the claimant must attend in person.
The parties can hold the conference with a mediator if they all agree. They must also agree how to share the mediator’s costs. If they cannot agree on one within 30 days, any party can ask the court registrar to nominate a mediator. For WorkCover claims, that period is 21 business days.
The conference can also run by phone or video. Under PIPA and MAIA, this needs the parties’ agreement. Under the WCRA, it can run that way if one meeting place would be unreasonable. Distance or illness are examples. Also, if WorkCover is the insurer, it must tell your employer the time and place.
Mandatory final offers if the claim doesn’t settle
If the claim does not settle, each side must make a written final offer at the conference. The rules sit in PIPA s 39, MAIA s 51C and WCRA s 292. PIPA and MAIA call it a mandatory final offer. It is each side’s last formal offer before court.
Several rules apply to these offers. For example, an offer of the upper offer limit or less must exclude costs (PIPA s 40(1), MAIA s 51C(3)). Also, an insurer that denies liability altogether must still make an offer, expressed as $nil. From 1 July 2026, the upper offer limit is $98,890 and the lower is $59,300. Both figures come from the PIPA and MAIA indexation notices.
Why the final offers matter
Final offers can shift who pays legal costs if a court later decides the claim. For example, under PIPA s 56 and MAIA s 55F, suppose the court awards the lower offer limit or less. If the award falls between the two offers, neither side gets costs. However, suppose you match or beat your own offer. Then you get indemnity costs from the start of proceedings.
WorkCover has its own rules. Take a worker with a DPI under 20%. If the award falls between the two offers, each side bears its own costs (WCRA s 316). Because these rules are technical, ask your lawyer to explain your costs statement. Our guide to settling or going to court covers the costs rules in more detail.
Time limits for court after the conference
If the claim still does not settle, timing matters. Under PIPA s 42 and MAIA s 51D, court proceedings should start within 60 days after the conference ends. The parties can agree to a longer period, or the court can allow one. Missing that date does not stop you starting. However, the court can order you to pay costs caused by the delay. It can also set a deadline, and missing that bars the claim.
WorkCover claims can be stricter. Suppose you gave your notice of claim before the 3-year limitation period ended, and that period has now passed. Then WCRA s 302(3) says proceedings must start within 60 days after the conference. So ask a lawyer about your exact deadline straight after the conference.
Frequently asked questions
Sources
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About the author
Marshall Fenech, Editor
Marshall Fenech is the editor of Compare Personal Injury Lawyer QLD. He researches Queensland personal injury law firms and claim rules, checks every fact against public sources such as the Queensland Law Society, MAIC, WorkCover Queensland and Queensland legislation, and dates each check. He does not give legal advice.
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