Personal Injuries Proceedings Act Claims

Author: Michael Smith

This comprehensive guide to Personal Injuries Proceedings Act (PIPA) Claims provides commentary and precedents for those who are asked to act or advise on PIPA Claims.

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1. Introduction

The following preview is an excerpt from this publication's full guide.

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1. Introduction

For many years, practitioners in the area of Personal Injury Law have hoped for a uniform approach to the “pre-Court procedures” necessary to bring a claim for compensation for an injured person.

It has not yet arrived, and practitioners may need to consider the following pieces of legislation and their applicability (individually or a combination thereof) in any personal injury claim:

  1. The Personal Injuries Proceedings Act 2002 (PIPA);
  2. The Personal Injuries Proceedings Regulations 2002 (Qld) (PIPR);
  3. The Civil Liability Act (Qld) 2003 (CLA);
  4. The Civil Liability Regulations 2003 (Qld) (CLR);
  5. The Motor Accident Insurance Act 1994 (Qld) (MAIA);
  6. The Worker’s Compensation & Rehabilitation Act 2003 (Qld) (WCRA);
  7. The Trade Practice’s Act (Cth) (TPA);
  8. The Uniform Civil Procedure Rules 1999 (Qld) (UCPR);
  9. The Limitations of Actions Act 1974 (Qld) (LAA); and
  10. The Legal Profession Act 2007 (Qld) (LPA).

Before commencing to claim damages for an injured client, a practitioner must consider the threshold test of which Act or Acts is/are applicable to the circumstances of the accident.

This threshold test will determine amongst other things, which “pre-Court procedure” must be followed to enable the “gate” for Court Proceedings to be opened and a Claim and Statement of Claim to be filed, what limitations are placed on damages and how a claim must proceed.

If the practitioner proceeds pursuant to the wrong Act’s requirements, then the “gate” may not be opened and any proceedings commenced may potentially be struck out with the potential of the LAA coming into play and causing the practitioner to become a Defendant and be subjected to the appropriate penalty deductible from the practitioners professional indemnity insurer.

The purpose of this guide is to deal with claims to which the PIPA applies, so that its “gate” is opened to enable Court Proceedings to be commenced if necessary.

© Copyright Michael Smith, 2010, Sydney. All rights reserved.Last Updated: 13/08/2010

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This Work is a precedent or guide prepared by the Author and is not legal advice. The facts of each case will be different and Users must satisfy themselves that this Work is appropriate for the particular case or circumstances for which they intend to use the Work. Neither the Author nor Smokeball is providing legal advice nor do they warrant that this Work is entirely free of defects or fit for any specific purpose and neither the Author nor Smokeball accept any liability for any errors or omissions in the Work and any loss or damages resulting from or connected with the use of the Work. The Author and Smokeball recommend that Users be familiar with the applicable laws and legal procedures relating to the use of the Work, or otherwise should seek legal advice, before using the Work. Smokeball accepts no liability for the publication of the Work by the Author on the Smokeball System.

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