A compulsory conference is a mandatory pre-court settlement meeting which is required for all personal injury claims made in Queensland. It’s a crucial step in the process and must be completed before your case can be taken to court. It is an opportunity to negotiate a fair settlement from the liable party without the stresses and costs that come with a full trial.
The vast majority of personal injury claims in Queensland are settled out of court, with many resolving at the compulsory conference stage. Understanding this process helps you prepare mentally and practically for this important milestone in your claim.
This article explains what happens at a compulsory conference, who attends, how to prepare and what outcomes to expect.
Understanding the Compulsory Conference Process
What exactly is a compulsory conference?
Compulsory conferences are structured negotiations which are required by Queensland law to take place before any personal injury case can proceed to court.
Under the Personal Injuries Proceedings Act 2002, these conferences are mandatory in order to give both sides a fair chance to resolve the claim without court proceedings, which are lengthy and costly.
While this legislation allows compulsory conferences to be called after 6 months in most cases, in practice they typically occur 12-18 months after the initial claim is lodged.
Compulsory conferences provide a controlled environment in which your legal team can present your case and negotiate directly with those who have the authority to settle your claim.
Your Rights and Entitlements
You have a range of rights and entitlements under Queensland law, including:
- Legal representation: your solicitor and barrister will negotiate and advocate on your behalf
- Confidential discussions: nothing that’s said at the conference can be used against you later in court
- Full information: you are entitled to see all documents relevant to the claim from the other side at least 7 days before the conference
What you must do:
- Attend in person: you must be physically present and actively participate in the conference. If you are unable to attend because of illness, distance, etc., the conference may be conducted via video call
- Provide complete disclosure: you must provide all medical reports, employment records and supporting documents 7 days before the conference
- Certificate of readiness: your legal team must certify that you're fully prepared and have all necessary evidence
Common Scenarios
What if I'm nervous about facing the insurance company?
Quick answer: the at-fault party, which could be the driver who hit you or your employer, won’t be at the conference. Only their insurance representatives and lawyers will be in attendance.
What to do:
- Express your concerns to your legal team before the conference
- Keep in mind that you likely won't need to speak during negotiations
- Stay calm and let your barrister handle all presentations and arguments
Important note: the atmosphere in the conference will be much more informal than court. It is designed to encourage open discussion rather than confrontation.
What happens if the insurance company denies liability completely?
Quick answer: the conference can still take place, and the insurance company will still be required to make a settlement offer, even if it's zero dollars. Read our article on how are personal injury compensation claims calculated.
What to do:
- Your legal team will present evidence which challenges their denial of liability
- Focus on the strength of your evidence and witness statements
- Remember that disputed claims are often settled once evidence is presented
Important note: many insurance companies deny liability as a matter of course, but your legal team won’t give up on your claim.
What if my injuries haven't fully stabilised yet?
Quick answer: in most cases, it’s best to wait until your condition has fully stabilised before attending a compulsory conference. This way you can ensure you get a completely accurate assessment of your future needs and the injury’s affect on your quality of life and ability to work.
What to do:
- Get up to date medical reports which confirm your current condition
- Ensure your treatment team has provided a prognosis for all future needs
- Do not rush to conference as it might undervalue your claim
Important note: you are able to request a delay for the conference if you're not ready, but this will require valid medical evidence.
Step-by-Step Process
- Pre-conference preparation (7+ days before): your legal team will gather all the necessary evidence for the conference, including:
- Medical reports
- Employment records
- Expert evidence
They will also prepare your schedule of damages and disclose all documents to the other side.
- Client preparation meeting: you will meet with your solicitor and barrister to review all the evidence, discuss a realistic settlement and hear what to expect on the day of the conference.
- Conference day arrival: you will attend the conference along with your legal team at the agreed location (often a meeting room rather than a courtroom). The atmosphere will typically be informal.
- Opening presentations: your barrister will go first, presenting your case, explaining liability and quantifying your damages. The insurer's representatives will then respond.
- Separate room negotiations: both parties will then be moved to different rooms while lawyers negotiate throughout the day.
- Settlement or mandatory final offers: once negotiations are complete, a settlement will be reached or parties will exchange final written offers that affect future court cost orders.
Documents you'll need:
- Medical reports from all treating doctors: these will help establish the nature and extent of your injuries, all treatment you’ve received, as well as a prognosis for your recovery and ongoing needs.
- Employment and income records: pay slips, tax returns and employment contracts. These will be used to prove your pre-injury earning capacity and demonstrate financial losses from the time you’ve had to take off work.
- Schedule of damages: this is a comprehensive document prepared by your legal team that lists and quantifies all your losses, including medical expenses, lost income, future care needs and pain and suffering.
Also read: I’m under 18. Can I claim compensation if I’m injured?
When to Seek Professional Help
It’s important to seek professional legal assistance at the earliest possible opportunity.
This is because it’s vital that you collect all the necessary evidence and ensure you do not miss any deadlines.
If an insurance company is pressuring you to attend a conference before you're ready or you're unsure whether your medical condition has stabilized sufficiently for accurate assessment, contact a legal professional immediately to avoid losing out on the compensation you deserve.
Key Takeaways
Remember these essential points and you will ensure the conference runs smoothly and maximise your compensation:
- The at-fault party typically won't attend
- You don't need to speak during negotiations
- Approximately 99%* of claims settle without going to court
- Everything is confidential
- Preparation is crucial
For specific, expert advice on your upcoming compulsory conference or to discuss a potential claim, contact Smith's Lawyers for an initial consultation. Call 1800 960 482 for a free, no-obligation claims assessment, or request a call back via the form below.
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