In Queensland, if you’re injured and want to make a compensation claim, there’s a catch many don’t see coming: unless your damages exceed $96,870, you likely won’t recover your legal costs from the other side. This “costs threshold,” introduced in the early 2000s during the insurance crisis, was designed to deter small claims and stabilise premiums. But two decades on, its fairness is being questioned.
At McNamara Law, we’ve seen first-hand how this threshold can deny justice to seriously injured people—simply because their injuries don’t come with hefty medical bills or lost wages. For example, someone who loses sight in one eye or fingers in an accident might be assessed under the threshold, especially if they’re retired, a stay-at-home parent, or able to return to work.
Why does this matter? Because if your claim is worth $90,000, you may win—but still be thousands out of pocket in legal fees. That’s hardly a win.
The costs threshold has nearly doubled since its introduction, but the way injuries are valued hasn’t kept pace. Many significant injuries are still assessed below $96,870—meaning these claimants shoulder the legal burden alone.
Is it time for change? We think so. The original goal—reducing minor claims—was valid. But when real people with lifelong injuries fall through the cracks, the system needs a rethink.
As injury lawyers, we believe access to justice shouldn’t depend on whether an injury is “expensive enough.” It’s time for a fairer approach.
Unit 10
88 Limestone St
Ipswich 4305
Queensland
Ph: 07 3816 9555
GE Building,
Level 1, 6 Yoga Way
Springfield Central 4300
Queensland
Ph: 07 3470 3600
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