CTP at a crossroads?

With RACQ’s departure from Queensland’s CTP scheme now nearly two years ago, and insurers making increasing noise about profitability pressures amid the rising cost of living, questions about the scheme’s sustainability are inevitable.

But while the economic landscape may be shifting, it’s important to remember that Queensland’s CTP scheme remains one of the strongest and most stable in the country.

Its success isn’t due to constant reinvention, but rather, to consistent, high-quality execution. At the heart of that is effective legal advocacy. When lawyers do their job well – advocating with skill, fairness, and expertise – the system works as it should. Injured people receive the support they need, insurers remain accountable, and outcomes remain balanced and just.

Calls for dramatic change often follow uncertainty, but reform isn’t always the answer. The real imperative is to ensure the scheme continues to function as intended, and that means supporting the role of practitioners who understand its complexity and uphold its integrity every day.

Not just a process: why skilled legal advocacy is crucial in motor vehicle accident claims

Navigating a Compulsory Third Party (CTP) claim in Queensland is, on the surface, a procedural exercise. The Motor Accident Insurance Act 1994 (Qld) (MAIA) provides a well-defined framework, and the Motor Accident Insurance Commission (MAIC) offers a claimant experience guideline that simplifies the process for the public. But for lawyers who practice in this space, we know this truth: following the steps is easy – achieving the best outcome is not.

It takes legal acumen, deep client insight, and a mastery of negotiation and advocacy to turn a claim into a truly fair and just outcome.

As Justice Kirby once remarked:

“Good advocacy is not just technique. It is skill, honed by experience, deep knowledge of the law, and an instinct for justice.”

Step-by-step, but not one-size-fits-all

The core legislative steps of a CTP claim are set out under the MAIA, particularly:

Notice of Accident Claim Form (NOAC) – s37–s39 MAIA

Compliance and Insurer Response – s41–s42 MAIA

Provision of Rehabilitation (if applicable) – s51 MAIA

Gathering and exchanging evidence – including expert reports – s45–s50 MAIA

Compulsory conference and exchange of mandatory final offers (MFOs) – s51A–s51C MAIA

Litigation, if unresolved – following the UCPR

These steps can be navigated by any competent practitioner. But to do them well – and to get your client the optimal result in the shortest practical time – requires something far beyond mere compliance.

The craft of the Statement of Loss and Damage

The Statement of Loss and Damage (SLD) is often underestimated, yet it is one of the most powerful tools in the CTP lawyer’s arsenal. It is not just a statutory requirement; it’s the narrative backbone of the claim.

Crafting an effective SLD means more than listing economic losses under categories like past and future earnings, medical expenses, and care needs. It involves:

• integrating medical evidence (consistent with s50 MAIA) and lay evidence;
• drawing from functionality assessments to quantify impact on domestic, recreational, and social participation; and
• writing persuasively while grounded in objective fact.

This document must convey how the injury has changed a life. A mere summary won’t suffice.

“It is not sufficient that advocates know the law and the facts. They must also have the capacity to persuade the tribunal of fact or law to accept their client’s case.”
– Justice Michael McHugh, speech at the NSW Bar Association Conference, 1999.

Knowing your client – off the page

The quality of a CTP claim correlates strongly with how well the lawyer knows their client. True diligence involves:

• conducting thorough initial and follow-up interviews;
• engaging with treating providers, family members, and support workers (where appropriate); and
• observing the long-term trajectory of the injury’s impact, beyond just diagnostic labels.

Clients are not case numbers. They’re people with complex lives, and when we understand their story, we become far better advocates, both in negotiation and in court, if necessary.

The skill of negotiation and strategic set-up

A well-run claim should feel to an insurer like a case that’s ready for trial – because it is. But ideally, it shouldn’t need to go there. Effective negotiation begins months before the compulsory conference.

Strategic elements include:

• obtaining highly qualified, independent medicolegal reports under s45 MAIA, with a focus on credibility and courtroom resilience;
• carefully timing the claim’s progression to coincide with maximum medical improvement (MMI); and
• using vocational and economic expert evidence to justify future loss projections

The MFOs exchanged under s51C MAIA are pivotal. They can set the tone for settlement or become the floor for litigation. So much hinges on the narrative and evidence presented in the lead-up.

Preparing for trial without needing it

Every claim must be prepared on the assumption it may proceed to litigation. That means ensuring:

• all evidentiary material complies with the Uniform Civil Procedure Rules (UCPR);
• experts are briefed to provide not just opinions, but reasons that withstand cross-examination; and
• pre-court protocols under the MAIA are fully satisfied.

However, trial should be a last resort. It’s expensive, time-consuming, and often retraumatising for the client. But being trial-ready gives lawyers the leverage needed to extract fair settlements.

Final reflection

Handling a CTP claim isn’t difficult in a procedural sense. But turning a claim into a meaningful, timely, and just resolution takes skill, empathy, and dedication. The difference between a good lawyer and a great one lies not just in knowing the steps, but in mastering the craft of advocacy within them.

“Skill is the unified force of experience, intellect and passion in their operation.” – John Ruskin

If you’re a lawyer refining your practice remember that process alone is never enough. In personal injury, the human element is central. And the lawyers who do it best are those who never lose sight of the person behind the paperwork.

After more than 15 years in practice, having run, supervised, and reviewed thousands of motor vehicle accident claims, I’ve come to appreciate the full spectrum of approaches in the field – ranging from the highly methodical to the deeply intuitive. Each practitioner brings their own lens to the work, shaped by experience, personality, and philosophy. But one constant remains: when genuine legal expertise is applied – when a claim is handled with diligence, skill, and true advocacy – the outcomes are measurably better.

And those outcomes aren’t just about monetary compensation. They’re about fairness. They’re about restoring a client’s sense of dignity, helping them gain closure, and enabling them to move forward with confidence. In this area of law, where people are often navigating trauma and uncertainty, the quality of legal support matters immensely – not just procedurally, but personally.

What makes the difference is not the reinvention of process, but the execution of it with care, depth, and precision. That’s the hallmark of effective practice.