Notices, deadlines and steps for public liability claims in Queensland (2026)
Public liability claims in Queensland, such as injuries in shops, on footpaths or on private property, go through the pre-court steps in the Personal Injuries Proceedings Act 2002. Part 1 of the Notice of Claim is due by the earlier of 9 months after the incident (or first symptoms) and 1 month after you instruct a lawyer. In addition, court proceedings generally have a 3-year limit.
Key takeaways
What a public liability claim is
The term “public liability claim” commonly describes a claim for personal injury caused by someone else’s negligence in a public place or on another person’s property, outside a car accident or a workplace. Common examples are a fall in a shopping centre, an injury on a poorly maintained footpath, or an injury at a private home, sporting venue or business.
In Queensland, these claims go through the pre-court process in the Personal Injuries Proceedings Act 2002 (PIPA). In particular, the Act requires the claimant to give written notice. It also requires the parties to exchange information and hold a compulsory conference before a court case can start.
Whether the occupier, council, business or property owner is legally responsible depends on the facts of each incident. However, this guide explains the process and time limits. It doesn’t assess whether a particular claim would succeed.
Public liability claim time limits at a glance
The Notice of Claim has two parts with separate deadlines, and the 1-month rule can bring the first deadline forward a long way. The table sets out the main dates.
|
Step |
Time limit |
Law |
|---|---|---|
|
Part 1 of the Notice of Claim |
The earlier of 9 months after the incident (or first appearance of symptoms) and 1 month after you first instruct a law practice, once the respondent is identified |
PIPA s 9(3) |
|
Part 2 of the Notice of Claim |
Within 2 months after the respondent complies with s 10(1), or after s 13 presumes compliance |
PIPA s 9(3A) |
|
Calling the compulsory conference |
At an agreed time, or at a reasonable time nominated by a party after the relevant day (generally 6 months after a complying Part 1 notice) |
PIPA s 36 |
|
Mandatory final offers |
Exchanged if the claim doesn’t settle at the conference. Each offer stays open for 14 days |
PIPA ss 39, 40 |
|
Starting court proceedings |
Generally 3 years from the date the cause of action arose |
LAA s 11 |
Starting a public liability claim with Part 1 of the Notice of Claim
Part 1 of the Notice of Claim is the formal start of a public liability claim. Under s 9(3), you must give it by the earlier of two dates:
Why instructing a lawyer can bring the deadline forward
The 1-month rule starts when you first instruct a law practice to act for you, and only once the respondent is identified. If you instruct a lawyer 1 month after a fall at a known shopping centre, Part 1 is due about 2 months after the incident, not 9.
Consulting a community legal service doesn’t start the 1-month clock (s 9(9A)). However, this differs from the CTP rule, where the clock starts when you first consult a lawyer.
Part 2 of the notice
Part 2 of the notice then follows, after the respondent responds to Part 1. Under s 9(3A), you must give it within 2 months after the earlier of two events: the respondent complying with s 10(1), or s 13 presuming compliance.
When the notice for a public liability claim is late
A late notice doesn’t automatically end a claim, but you must explain the delay. Instead, under s 9(5), the obligation to give the notice continues. You must also give a reasonable excuse for the delay in Part 1 or by separate notice.
In addition, the notice time limits in s 9 don’t apply to a claim for personal injury resulting from abuse of a person when they were a child (s 9(9C)).
The compulsory conference and final offers in a public liability claim
Before a court case can start, the parties must meet at a compulsory conference. Under s 36, any party can call the conference at an agreed time or, after the relevant day (generally 6 months after a complying Part 1 notice), at a reasonable time it nominates.
If the claim doesn’t settle at the conference, the parties must exchange written final offers under s 39. Some rules apply to those offers:
2026–27 PIPA thresholds
PIPA uses three indexed dollar thresholds that affect final offers and costs in smaller claims. An indexation notice under s 75A fixes them each financial year.
|
Threshold (PIPA) |
Amount from 1 July 2026 |
|---|---|
|
Declared costs limit |
$4,960 |
|
Lower offer limit |
$59,300 |
|
Upper offer limit |
$98,890 |
How courts measure general damages
In claims governed by the Civil Liability Act 2003, the court assesses general damages (for pain, suffering and loss of amenities) using an Injury Scale Value (ISV). In other words, the court gives the injury a number from 0 to 100, where 0 means an injury not severe enough for any award and 100 means an injury of the gravest conceivable kind.
The court uses the ranges in Schedule 3 of the Civil Liability Regulation 2025 and ISVs given in similar earlier cases. The court then converts the ISV to dollars using the indexation notice for the year in which the injury arose (s 62).
|
Injury Scale Value |
General damages (injuries arising from 1 July 2026) |
|---|---|
|
5 |
$10,050 |
|
10 |
$21,850 |
|
100 (maximum) |
$494,150 |
Court time limits for a public liability claim, and exceptions
As a general rule, the limitation period for a personal injury action is 3 years from when the cause of action arose (LAA s 11). Because the PIPA steps must happen before a court case, the 3 years can pass quickly.
However, there are exceptions:
Costs, refunds and claim farming in public liability claims
If a lawyer acts on a “no win, no fee” basis, the 50/50 rule caps their claim-related costs at half of what remains after deducting refunds (such as Centrelink and Medicare) and disbursements. The cap applies to PIPA claims through Legal Profession Act s 347 and PIPA s 71E. Our fees guide explains how it works.
Claim farming is illegal in Queensland. Under PIPA s 71 and s 71B, no one may pay or receive a fee for a claim referral, or personally approach or contact someone to solicit or induce a claim, subject to limited exceptions. In addition, the maximum penalty is 300 penalty units (about $51,810 from 1 July 2026).
Frequently asked questions
Sources
Related guides
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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