What Happens at a Compulsory Conference?

If your Queensland personal injury claim has not settled through earlier negotiations, the next step may be a compulsory conference.

For many people, this is the first formal settlement meeting in their claim and an important opportunity for the parties to resolve the matter without commencing court proceedings.

What is a compulsory conference?

A compulsory conference is a formal settlement meeting required by Queensland personal injury legislation before court proceedings can usually be commenced.

The purpose of the conference is to encourage the parties to discuss the claim, consider the available evidence and explore whether the matter can be resolved without the time and expense of litigation.

Compulsory conferences are commonly used in:

• Motor vehicle accident (CTP) claims;
• Public liability claims;
• Medical negligence claims; and
• WorkCover common law claims.

Who attends the conference?

The people attending will vary depending on the claim but commonly include:

• The injured person;
• Their lawyer, and in some circumstances, a barrister;
• The insurer or defendant’s representative;
• The insurer’s lawyer or barrister (if appointed); and
• Sometimes a support person, interpreter or other person if appropriate.

What happens during the conference?

Every conference is different, but they usually follow a similar process.

The parties will usually have a brief ‘joint session’, where they will discuss:

• Liability for the incident (if not admitted);
• The medical evidence;
• The impact of the injuries;
• Financial losses;
• Any remaining issues in dispute.

The parties will then generally break apart, and offers will be conveyed back and forth. Most negotiations take place between the lawyers and insurer representatives. It is common for the injured person to spend much of the conference waiting while offers are exchanged.

Will I have to speak?

In many cases, very little.

Some conferences involve introductions or brief discussions with everyone present, while others involve the parties remaining in separate rooms throughout the negotiations.

If your lawyer considers it helpful, they will usually discuss this with you beforehand.

How long does a compulsory conference take?

There is no set timeframe.

Some conferences resolve within an hour or two, while others continue for most of the day, particularly where negotiations are ongoing or complex issues remain in dispute.

What happens if the claim settles?

If agreement is reached, the settlement terms are usually recorded before the conference concludes.

Formal settlement documents are then prepared, and the claim proceeds towards finalisation and payment in accordance with the agreed terms.

What happens if the claim does not settle?

Not every compulsory conference results in settlement. Even if the claim does not resolve, the conference process can still be very helpful in assisting each side to understand the other’s position, points of contention, and gaps in the evidence that may need to be resolved.

If agreement cannot be reached:

• The parties may continue negotiating after the conference;
• Mandatory Final Offers or written final offers are generally exchanged where required by the relevant legislation; and
• Curt proceedings may then be commenced if the claim remains unresolved.

The information on this page is general in nature and does not constitute legal advice.