Being given a conference date can make an injury claim feel suddenly urgent. You may still be attending appointments or adjusting your work, while the insurer wants to discuss a final settlement.
The useful preparation is to understand what the conference must achieve and what remains uncertain. A conference gives the parties a structured opportunity to resolve the claim. If they cannot, the preparation and final offers also matter to the steps toward court.
Is the compulsory conference the same as going to court?
No. Section 51A of the Motor Accident Insurance Act 1994 generally requires the parties to confer before the claimant brings an action for accident-related personal injury damages. The conference is an opportunity to negotiate; a judge does not decide the injury claim there simply because a conference has been called.
That distinction matters when liability is disputed. The insurer can maintain its position while the parties examine whether a compromise is possible. The highway CTP dispute guide explains the separate questions of notice compliance, fault and injury causation. A conference date does not establish that the insurer accepts any of them.
The parties may dispense with the conference by agreement for good reason, and the court can grant dispensation or make arrangements on application. Neither a continuing dispute nor an informal conversation about settlement automatically removes the statutory requirement.
Who can call the conference, and when?
Either party can call it at an agreed time and place. Section 51A also permits a party to nominate a reasonable time and place once its defined relevant date has passed.
That date generally falls six months after notice was given. If the insurer required additional information, the provision uses the later of that six-month date and one month after the completed additional information form was given. These are rules about calling the conference; they do not promise that a claim will settle within six months.
Keep the actual notice, additional-information request and completed form with their delivery dates. They can affect the procedural assessment. If arrangements are disputed, the Act allows an application for the court to fix the conference’s time and place.
What must be ready before the conference?
Under section 51B, each party must give the other the required material at least seven days beforehand. This includes relevant documents not already supplied, a statement verifying the required disclosure, details of legal representation and, for a represented party, the lawyer’s certificate of readiness.
The certificate concerns readiness for both the conference and trial. It addresses investigative material, intended witnesses, expert reports, disclosure and the costs statement supplied to the client. It is more substantial than saying that a meeting has been booked.
| Preparation item | What it helps establish | What to discuss with your lawyer |
|---|---|---|
| Accident and witness material | The account of fault and any contribution allegation | Which disputed movement or event the evidence addresses |
| Medical and other expert reports | The injury, prognosis and supported future needs | Any unresolved question that could materially change the assessment |
| Earnings, expenses and assistance records | The losses claimed and their supporting calculation | Missing periods, changed duties and costs already met by another source |
| Readiness and costs documents | Procedural preparation and informed consideration of offers | What is certified, the estimated trial costs and the effect of final offers |
The disclosure requirements have legal qualifications, including provision for court exemption under section 51B(8). Raise a concern about particular material with your lawyer rather than deciding that a confidentiality label permits withholding it.
Must every injury have finished healing?
Readiness is not the same as complete physical recovery. A claim may include future treatment or continuing restrictions supported by appropriate evidence. The important question is whether the parties have the material needed to assess those matters and meet the procedural requirements.
A significant gap in prognosis can affect the reliability of an offer assessment. Tell your lawyer about a planned operation, new symptoms, a failed return to duties or a recommendation received after the earlier reports. The pre-existing conditions guide addresses the separate evidence needed to explain what the accident changed.
Do not assume you must settle because the conference has arrived. Equally, do not assume you can ignore the date until treatment ends. Any change to the arrangements and its effect on readiness, costs and other deadlines must be addressed properly.
Who attends, and is a mediator compulsory?
The statutory participants include the claimant or guardian and a person authorised to settle for the insurer. Unless there is a reasonable excuse, they must attend and actively participate in an attempt to settle. Your lawyer’s attendance does not automatically replace your own obligation.
A mediator may assist if both parties agree. The agreement must specify how mediation costs are borne, and the mediator must be independent. Section 51B provides a process for nomination if the parties cannot agree on the mediator within the specified period.
The parties can also agree to telephone, video or another permitted form of continuous communication. Tell your lawyer early about assistance, language or health needs so appropriate arrangements can be discussed. An accessible arrangement should be settled before the meeting rather than assumed from a calendar invitation.
What happens if the claim does not settle?
Section 51C generally requires written mandatory final offers to be exchanged at the conference if the claim remains unresolved. If the conference was dispensed with, it provides a separate 14-day exchange period following the agreement or order. The court can dispense with the offer obligation.
A mandatory final offer must remain open for 14 days, and proceedings must not be started while it remains open. An insurer denying liability altogether must nevertheless make the required offer, expressed as nil. A nil offer is therefore not a court finding that the claim has no value.
These offers have a formal role beyond ordinary bargaining. The Act provides for copies to be filed in sealed envelopes when proceedings and the defence begin, and for the court to consider them at the appropriate costs stage rather than reading them before deciding the claim.
Why do the offers matter to legal costs?
The eventual damages result and its relationship to the parties’ mandatory final offers can affect costs. The pre-conference costs statement must explain the specified possible outcomes, the legal costs payable through the conference and the estimated costs of proceeding to trial. Legal fees and disbursements must be identified separately.
Ask your lawyer to explain the comparison using the actual offers and applicable costs provisions. The Act contains offer limits and regulated costs treatment in specified cases. This guide does not quote an indexed threshold, calculate a costs entitlement or assume that winning damages means every legal expense will be recovered.
Also separate the settlement figure from the estimated amount you would receive. Any contribution reduction, applicable repayments, legal costs and the wording of the proposed release need consideration. The motorcycle valuation guide explains the difference between an injury assessment, an offer and net recovery.
Does the 60-day period end the claim automatically?
Section 51D says an action should be started within its post-conference framework, generally 60 days after the conference concludes, or within a further period agreed or fixed through the specified process. Dispensation from the conference or final offers has its own timing rules.
The section expressly says expiry of its initial period does not itself prevent commencement. However, costs arising from delay may be ordered, and the court can fix a time limit on the insurer’s application. Failure to start within that later court-fixed limit bars the claim.
This distinction does not make delay safe. Separate limitation and service requirements must also be checked. A conference, an open offer and an agreed procedural extension should not be treated as interchangeable protection for every legal date.
An unresolved conference: a hypothetical example
Illustration only: In this hypothetical example, a rider attends a compulsory conference after a highway collision. The insurer accepts some responsibility but disputes the continuing work restriction. The parties exchange mandatory final offers without settling.
The rider needs an explanation of the offers, their costs consequences and the next procedural dates. The conference’s conclusion does not itself decide the medical dispute, require acceptance or replace a separate limitation assessment. No offer amount or outcome is assumed.
What should you do next?
- Step 1 Confirm the conference date, attendance method and who must participate.
- Step 2 Give your lawyer any new medical, work, expense or assistance information promptly.
- Step 3 Review the disputed issues and the material needed for readiness and disclosure.
- Step 4 Read the costs statement and ask for the offer comparisons and estimated net recovery to be explained.
- Step 5 Keep any written offers, agreement or proposed release with the conference record.
- Step 6 Obtain a clear record of the offer period, post-conference steps and separately assessed legal deadlines.
Frequently Asked Questions
Do I have to accept an offer at the conference?
The obligation is generally to attend and actively attempt settlement, not to accept any figure offered. A decision should account for the evidence, actual terms and costs consequences. If the claim does not settle, the mandatory-offer and subsequent court processes still need attention.
Can my lawyer attend instead of me?
The Act separately identifies the claimant or guardian as a participant and ordinarily requires attendance unless there is a reasonable excuse. Raise any attendance difficulty early. Remote participation and other arrangements need to be addressed through the actual statutory and agreed process.
Is every compulsory conference a mediation?
No. A mediator can be used if both parties agree, with independence and costs arrangements addressed under section 51B. A conference requirement and the choice of a mediator are different questions. Confirm the arrangements rather than assuming a mediator will decide the injury claim.
Does a nil final offer mean the case is over?
No court decision follows from the offer alone. Section 51C specifically addresses a nil offer where the insurer denies liability altogether. The merits, costs risk and appropriate next step need legal assessment, while the offer period and other dates are protected.
Can proceedings start as soon as an offer is rejected?
Section 51C requires a mandatory final offer to remain open for 14 days and prohibits starting proceedings while it remains open. A client’s immediate view of the offer does not replace that rule. Have the actual offer and procedural position checked before any court step.
Does missing 60 days always extinguish the claim?
That is not what section 51D says about its initial period. It provides consequences for delay and a possible later court-fixed limit, breach of which bars the claim. Other limitation rules remain separate, so the distinction is a reason to obtain prompt advice, not to postpone action.
Sources and further reading
Help preparing for a CTP compulsory conference
Carter Capner Law can explain the conference requirements, assess the evidence and offers, and coordinate the next steps in a highway, motorcycle or truck injury claim.
Contact Carter Capner Law with the conference notice, recent correspondence and any offer already received. Include the dates and any change in your treatment or work circumstances.