Navigating Costs and Mandatory Final Offers in Queensland Motor Accident Claims: Cabato v Paltridge & Anor No 2
In this episode of P.I. Case Note, we examine the recent Queensland District Court decision in Cabato v Paltridge & Anor No 2 [2025] QDC 82, which provides crucial guidance on the interplay between mandatory final offers and costs orders in motor accident insurance claims. This case demonstrates the significant financial implications that can arise when parties fail to properly engage with the mandatory final offer process under section 51C(10) of the Motor Accident Insurance Act 1994 (Qld).
The decision highlights the court’s approach to exercising its discretion under rule 697 of the Uniform Civil Procedure Rules 1999 (Qld) when determining costs orders in circumstances where mandatory final offers have been made. For personal injury practitioners and insurers alike, this case serves as an important reminder of the strategic considerations that must be weighed when formulating settlement offers and the potential costs consequences that can flow from rejecting reasonable offers. The court’s analysis provides valuable insights into how the mandatory final offer regime operates in practice and reinforces the policy objectives of encouraging early and reasonable settlement of motor accident claims in Queensland.
Listen below for our breakdown of this critical costs decision. If you’ve been injured in a motor accident and need expert legal guidance on your claim, contact the team at accident legal for a free consultation. Subscribe to P.I. Case Note for weekly updates on significant personal injury cases.
