A Compulsory Conference is an opportunity to attempt to resolve your claim prior to Litigation. A Compulsory Conference must be held. At the Compulsory Conference, your legal team may instruct a Barrister to assist in advocating your claim. If liability is in dispute that aspect will be discussed at the Compulsory Conference along with the value of your claim. The Insurer (or their Representative/s) will be in attendance at the Compulsory Conference. It is not Court so you will not have to ‘give evidence’ or be cross-examined, however you will be guided to speak if appropriate by your legal team. Your legal team will make sure that you are well prepared for the Compulsory Conference.
What is Litigation?
Litigation is the process where we file your claim with the Courts in Queensland. You cannot commence a claim for compensation in Court until you have undertaken all the pre-court steps. Once the pre-court phase has ended at a Compulsory Conference, if your claim has not resolved you must then commence your claim with the Courts. This is known as Litigation. This does not mean that we are necessarily proceeding to Trial, however, after a Compulsory Conference has been held, we must file your claim with the Courts. This is done by filing a claim and Statement of Claim. Once your claim and Statement of Claim are filed, your claim is considered “litigated”.
Shine Lawyers acknowledges the Traditional Custodians of the Country throughout Australia and their connections to land, waterways and community. We pay our respects to Aboriginal and Torres Strait Islander cultures; and to Elders past, present and emerging.