With experience across Australia’s top industries, we’re familiar with the common industry accidents that can result in PIPA claims. We also understand how to best resolve those matters.
Queensland public liability and contribution notice claims can be complex. With past experience in a leading Australian firm, Principal, Kate Denning, has extensive experience in managing large multi-party disputes.
Denning Insurance Law provides expert public liability claims management. We offer cost controlled and effective defence of public liability and contribution notice claims.
1. What is the Personal Injuries Proceedings Act (PIPA)?
The PIPA is Queensland legislation. It sets out pre-court steps for parties to complete before an injured person (Claimant) can file proceedings in a Court.
The PIPA aims to promote the early resolution of claims and allow parties to resolve a dispute without the expense of litigation.
In disputes with three or more parties, claims can be regulated by more than one piece of legislation.
2. Who is a Proper Respondent under the PIPA?
The PIPA requires a Claimant to serve a Notice of Claim on a Proper Respondent. If a Claimant has
Correctly identified an individual or organisation in their Notice of Claim that was involved in an incident; and
The Claimant believes that the individual or organisation was involved in the incident,
then they may be considered a ‘Proper Respondent’ for the purposes of the PIPA. Admitting that you are a Proper Respondent is not an admission of fault.
Individuals or organisations served with a Notice of Claim should immediately seek legal advice about the claim and notify their insurer. Strict timeframes apply for providing a response.
2. What if someone else is responsible?
Respondents or Contributors who have been incorrectly identified as a party to a claim should seek legal advice as a matter of priority. If the party who has joined them to the claim agrees that they should not have been joined, then the claim may be withdrawn.
If there is another person or organisation that should be held liable to contribute towards a claim, steps may be taken to join that party. For example, a Respondent (such as a landlord) may have a claim in contract against an appropriate tenant, to meet their liability for the claim.
Strict timeframes apply to joining parties as Respondents or Contributors, so individuals or organisations served with a public liability claim or Contribution Notice should seek advice promptly.