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PIPA Disclosure – Does ‘about the incident’ mean about the incident?
In Queensland, during the pre-litigation stage of personal injuries claims, one of the banes of defendant lawyers’ lives is responding to lengthy requests for disclosure, many of which seem to increasingly extend beyond the ambit of the disclosure obligations under the Personal Injuries Proceedings Act 2002 (the PIPA). This may partly be explained by the seemingly more liberal interpretation of the disclosure obligations given by the courts in recent times.
There are essentially two types of disclosure obligations under the PIPA: a positive obligation to disclose documents; and a reactive obligation to disclose information upon request. This article examines the scope of the obligation to disclose documents ‘about the incident’ and the scope of that phrase.
Carter Newell is certified as a Family Inclusive Workplace by Family Friendly Workplaces. The certification acknowledges workplaces that excel across five critical pillars: flexible work, parental leave, family care, family wellbeing, and leadership culture. Carter Newell is committed to nurturing a workplace where our people don’t have to choose between excelling at work and being fully present with their families. Through our Family Inclusive Workplace certification, we’re putting that belief into action.
12 August 2025
Carter Newell is pleased to have been named as a finalist across three categories in the Lawyers Weekly’s Australian Law Awards 2025. The firm is a finalist for the Insurance Team of the Year and Dispute Resolution and/or Litigation Team of the Year. We congratulate Partner Patrick Mead who is also a finalist for Litigator of the Year, following on from his recent win as Partner of the Year for Construction, Projects and Infrastructure.
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Our Planning and Environment team is proud to have assisted Malchi Holdings Pty Ltd in securing approval for the Malchi-Nine Mile Quarry located west of Rockhampton. The quarry is well positioned to make a strategic contribution to the delivery of the regionally significant Rockhampton Ring Road and Bruce Highway upgrade.
