In Queensland, you generally have 9 months to serve a formal Notice of Claim on the responsible party, and 3 years from the date of injury to commence court proceedings. Missing either deadline can mean the end of your claim, even if someone else was clearly at fault.
These are strict legal requirements under Queensland law, and the consequences of failing to meet them are serious. There are limited exceptions, but they require court approval and are never guaranteed.
This guide explains both of these deadlines, what happens if you miss them, and what to do now if you have concerns. Let’s get started.
Understanding the Queensland Public Liability Deadlines
What is the Part 1 Notice of Claim and why does it matter?
Under the Personal Injuries Proceedings Act 2002 (Qld), known as 'PIPA', you must serve a Part 1 Notice of Claim on the responsible person or their insurer before your claim can properly proceed. This notice formally alerts them that you intend to pursue compensation.
The deadline to serve this notice depends on which of the below come first:
- 9 months from the date of the incident, or
- 1 month from the date you formally instruct a solicitor
This dual-trigger catches many people off guard. If you're approaching the 9-month mark and then engage a lawyer, you may have as little as one month to get the notice served.
What does 'instructing a solicitor' actually mean?
Instructing a solicitor means formally retaining a lawyer to act on your behalf, typically when you sign a client agreement or costs disclosure.
A free phone call or initial consultation does not count as formal instruction. This matters because the 1-month clock only starts once the ‘instruction’ has taken place. It’s still a good idea, though, not to delay. The 9-month deadline still counts, regardless of whether you’ve spoken to a legal representative or not.
Your Rights and Obligations
What you're entitled to (if your claim succeeds):
- Compensation for medical expenses: past and future treatment costs directly related to your injury
- Lost income: wages or earnings lost because of your injury, including future earning capacity
- Pain and suffering: general damages for the impact the injury has had on your life
- Care and assistance costs: if you need help with daily tasks due to your injury
Things you must do:
- Serve a Part 1 Notice of Claim within 9 months of the incident (or 1 month of instructing a solicitor, if earlier)
- Serve a Part 2 Notice with fuller details of your losses, generally within 12 months of the Part 1 Notice
- Commence court proceedings within 3 years of the incident if a settlement isn't reached
Common Scenarios and Questions
What if I'm past the 9-month mark but haven't filed anything?
The short answer: You can still proceed, but you will usually need either the other party’s written agreement (often from their insurer) to accept the late notice, or permission from a court.
What to do:
- Get legal advice immediately
- Your lawyer will assess whether you have a 'reasonable excuse for delay' (the legal test courts apply)
- If the insurer won't consent, a court application is required. This process can take weeks or even months
Important note: Courts set a high bar for what they consider a 'reasonable excuse.' Simply not knowing about the deadline is not enough. You'll need strong evidence explaining why you couldn't act sooner.
What counts as a reasonable excuse for delay?
The short answer: The excuse must be genuine and backed up by evidence.
Courts have accepted:
- The injury wasn't fully apparent until months after the incident (for example, a spinal disc injury initially dismissed as muscle soreness)
- Psychological trauma (such as PTSD) that prevented you from taking action
- You were seriously ill or hospitalised for an extended period
- You received incorrect legal advice about your eligibility to claim
Courts have rejected:
- Delays due to busy schedules or other priorities
- Concerns about the cost of making a claim, despite No Win, No Fee agreements being widely available
- Believing the other party would accept responsibility without the need for a formal claim
Can I still make an injury claim if I only realised how serious my injury was two and a half years later?
The short answer: You may still be able to proceed, but it’s important to seek advice as soon as possible.
What to do:
- Contact a lawyer as soon as possible; you have roughly 6 months before the 3-year court deadline closes entirely
- You must apply to the court for permission to serve the Part 1 Notice late before that 3-year deadline.
- A diagnosis or medical evidence showing the injury's true severity wasn't apparent earlier strengthens your 'reasonable excuse' argument
Important note: Even if permission is granted, the shorter timeline leaves less time for negotiation. Acting sooner gives you a better chance of resolving the matter.
What is the time limit for claiming compensation if my child was injured in a public place?
The short answer: The 3-year court deadline doesn't start until your child turns 18, but the 9-month Part 1 Notice deadline still applies from the date of the injury.
What to do:
- If more than 9 months have passed since the incident, you'll need permission from a court for the late notice
- Courts have shown some flexibility where parents reasonably believed the child had recovered, but this is not guaranteed
- It’s important to seek advice early, as a child’s age does not automatically extend all deadlines
Example: A child injured at age 8 has until age 21 to commence proceedings. But if no Part 1 Notice was served within 9 months of the incident, a court application is still required.
What if I have a disability or mental health condition that stopped me from acting?
The short answer: This can support a 'reasonable excuse' argument, but it must be documented and linked directly to the delay.
Important note: Courts consider whether the condition genuinely prevented action, not just made it harder. Medical records and specialist evidence are essential.
Step-by-Step: What to Do Today if You're Worried About a Deadline
- Identify the exact date of your injury: this starts both the 9-month and 3-year clocks. Write it down and confirm it with any records you have.
- Work out where you are in the timeline: are you before 9 months, between 9 months and 3 years, or approaching the 3-year mark? Each scenario requires a different response.
- Contact a lawyer: a free initial consultation does not start the 1-month notice clock. Use this time to understand your position before signing a client agreement (formally instructing a solicitor).
- Gather your evidence now: don't wait until after you've engaged a lawyer. Start collecting what you have immediately.
- If 9 months have passed, don't contact the insurer yourself: insurers are not obligated to accept late notices voluntarily. A lawyer is best placed to approach them strategically or prepare a court application.
What documents do I need for a public liability claim?
- Medical records and treating notes: these establish the injury, its cause, and its severity over time; they are often the most important evidence for a 'reasonable excuse' argument
- Incident report or complaint records: any report lodged with the premises, council, or business at the time of the incident
- Photographs and witness details: images of the hazard and contact details for anyone who saw what happened; CCTV footage should be requested urgently, as it is often deleted within 30 days
- Financial records: payslips, invoices, and receipts showing lost income and the expenses incurred
Legal Framework
- Primary legislation: the Personal Injuries Proceedings Act 2002 (Qld) governs the pre-court notice process, including Part 1 and Part 2 Notice requirements and the procedure for late service applications
- Limitation of Actions Act 1974 (Qld): this establishes the 3-year deadline to commence court proceedings
What this means for you:
- Both laws work together, so serving a notice on time doesn't remove the need to also commence court proceedings within 3 years
- Missing the PIPA notice deadline doesn't automatically end your claim, but it significantly complicates it
- The 3-year court deadline is a hard stop with very limited exceptions
Red Flags
Act immediately if:
- You are approaching or past the 9-month mark and have not served a Part 1 Notice
- You are within 6 months of the 3-year anniversary of your injury
- Your injury has worsened significantly, and you haven't taken any formal steps yet
- A child in your care was injured and more than 9 months have passed without legal action
Common mistakes to avoid:
- Assuming a phone call to a lawyer starts the clock: it doesn't, but don't use this as a reason to delay formal advice
- Waiting until you've 'finished treatment': you don't need to be fully recovered to start a claim; waiting too long costs more than it gains
- Thinking the insurer will be reasonable if you explain the delay: insurers have no obligation to accept late notices; always seek legal advice if there are foreseeable delays
When to Seek Legal Advice
Get advice as early as possible: ideally, within the first few weeks of your injury. The sooner you act, the more options you have.
When it’s especially important:
- You are within weeks of the 9-month deadline and have not served a notice
- 9 months have passed and you haven’t served a notice
- Your injury turned out to be more serious than you first thought
- You are unsure whether you have a valid claim at all
Why early advice matters:
Seeking advice early on allows you to:
- Understand your full rights and entitlements before reaching any deadlines
- Access rehabilitation and support services sooner
- Protect your compensation claim from common procedural pitfalls
- Get expert guidance before time limits expire and there are fewer options on the table
Key Takeaways
- You have 9 months from the incident to serve a Part 1 Notice of Claim, or just 1 month from formally instructing a solicitor, whichever is earlier
- You generally have 3 years from the incident to commence court proceedings
- Missing the 9-month notice deadline requires either the insurer's consent or a court order, and you must prove a 'reasonable excuse'
- Children's court deadline runs from age 18, but the 9-month notice deadline still applies from the injury date
- The longer you wait past a deadline, the harder and more uncertain it becomes to recover your claim
Get Help Now
If you've been injured in a public place and believe another party may be at fault, getting early legal advice helps you understand your rights, access rehabilitation, and protect your entitlements to compensation.
Smith's Lawyers acts for injured Queenslanders on a No Win, No Fee, No Catch® basis, meaning no upfront costs and no fees if your claim is unsuccessful. You can learn more about public place injury claims or serious injury compensation on our website.
Contact Smith's Lawyers today:
- Call: 1800 960 482 for a free, no-obligation consultation
- No upfront costs: No Win, No Fee, No Catch®, you pay nothing unless your claim succeeds
- Request a call back: Use the form below to have the team contact you at a time that’s convenient for you
