If you are pursuing a CTP (compulsory third party) claim in Queensland following a motor vehicle accident, your obligations to the insurer extend further than most people realise. Document disclosure in CTP claims is not simply about handing over your medical records. A recent Queensland District Court decision has confirmed that the duty extends to photographs, social media posts and other material that shows what you have been doing since your accident, even if you consider that information private.

What Does the Law Actually Require?

The starting point is the Motor Accident Insurance Act 1994 (Qld). The Act places an obligation on CTP claimants to disclose information and documentary material that relates to:

• the consequences of the accident;
• the claimant’s medical condition; or
• the claimant’s prospects of rehabilitation, including any consequent disabilities.

The scope of that obligation is broader than most claimants expect, and recent case law has confirmed how far it reaches.

What the Clements Decision Means for CTP Claimants

In Clements v Margalit & Ors [2025] QDC 197, the Queensland District Court handed down a decision that has direct practical consequences for anyone with an active CTP claim.

The claimant had sustained injuries in a motor vehicle accident and commenced proceedings. During the claim, it emerged that the claimant had undertaken a series of physically demanding hiking trips since the accident. The insurer sought disclosure of photographs and social media posts relating to those activities.

The claimant refused on three grounds: that providing the material would be unreasonably onerous, that it was unlikely to be relevant to any major issue in dispute, and that compliance would be an unreasonable invasion of privacy.

How the Court Responded

Justice Grigg rejected each argument. On burden, the court found that gathering and providing the material would not be overly onerous. On relevance, the information was directly relevant to the claimant’s stated disabilities and functional capacity, which were central issues in the claim.

On privacy, Justice Grigg made an observation that claimants should take seriously. The court noted that disclosure of photographs and social media posts is now commonplace in personal injury claims, and that personal injury matters are inherently intrusive. If a person seeks a substantial amount of money through the courts, compliance with their disclosure obligations is part of that process.

Justice Grigg also confirmed that “directly relevant” does not require direct evidence of a fact. Circumstantial evidence, being material that tends to support or undermine a fact without proving it directly, must also be disclosed, unless there is a valid legal basis for objecting.

What This Means in Practice

Insurers actively monitor social media. In a significant CTP claim, it is reasonable to expect that an insurer will search for public posts, photographs and activity linked to the claimant. Any inconsistency between a claimant’s stated disabilities and their documented physical activities will be used to challenge their credibility. Courts and insurers treat this seriously, and the Clements decision reinforces the legal framework that makes it available to them.

That does not mean claimants who have remained physically active after an accident cannot bring a valid claim. Many injuries are variable. Someone may have good days and bad days, or may have undertaken activity at significant personal cost. The point is that the full picture needs to be accurately presented, and your legal team needs to understand it before anyone else does.

Practical Guidance for CTP Claimants

Tell Your Lawyer the Full Picture From the Start

Your lawyer can only advise you properly if they know everything relevant. That includes activities since the accident, social media accounts you use, and any posts or photographs that could be relevant to how your condition is perceived. There is no benefit in withholding this from your own legal team. Finding out about it from the insurer is considerably worse.

Be Mindful of What You Post Online

If you have existing posts or photographs that concern you, do not delete them. Removing content after a claim has commenced can itself become a serious issue in litigation, and courts take a dim view of it. The right approach is to raise the material with your lawyer so they can assess it properly and advise you on your disclosure obligations.

It is also worth being mindful of what you post going forward. Anything you post publicly after an accident is potentially disclosable, and insurers and their investigators do look. Context matters. A photograph at a social event, or a post about a short walk, may appear very differently to an insurer assessing a claim for significant ongoing disability. Your lawyer can help you understand how particular material is likely to be interpreted.

Disclosure Obligations Carry Real Consequences

The Motor Accident Insurance Act 1994 imposes consequences for failure to comply with disclosure obligations. Non-compliance can result in penalties, and a significant failure to disclose can affect a claimant’s ability to bring or continue court proceedings. The Clements decision confirms that privacy grounds alone are not sufficient to withhold material that falls within the disclosure obligation.

Have questions about your legal rights after a motor vehicle accident in Queensland? Book an obligation free consultation with the team at AX Compensation Lawyers. It takes around 15 minutes, and there is no obligation to proceed.

When Does Legal Advice Make a Difference?

Not every CTP claim requires a lawyer. For modest claims where the injury is minor and recovery straightforward, legal fees may absorb a meaningful portion of any settlement. A free consultation can help you understand what your claim involves before making that decision.

For more significant claims, where injuries are ongoing, liability is disputed, or the insurer is challenging the extent of disability, legal representation makes a material difference. This is especially true where the issues in dispute involve credibility, functional capacity and the disclosure of social media evidence, which is the territory the Clements decision directly addresses.

At AX Compensation Lawyers, the fee structure for personal injury matters is No Win, No Fee* — you don’t pay legal fees unless your claim is settled. More detail is available on our No Win, No Fee explained page.

Key Takeaways

• The Motor Accident Insurance Act 1994 requires CTP claimants to disclose documents and information about the consequences of their accident, their medical condition and their functional capacity.
• The Queensland District Court has confirmed this obligation extends to social media posts and photographs showing physical activity since the accident, even where the claimant considers the material private.
• “Directly relevant” includes circumstantial evidence, not just direct proof of a fact.
• Inconsistencies between a claimant’s stated disability and their documented activities will be used to challenge credibility.
• Give your lawyer the complete picture from the start. Withholding information and hoping it does not surface is not a viable approach.

Frequently Asked Questions

What do I have to disclose in a Queensland CTP claim?

Under the Motor Accident Insurance Act 1994 (Qld), CTP claimants must disclose information and documentary material about the consequences of the accident, their medical condition, and their prospects of rehabilitation, including any disabilities. That obligation extends beyond medical records to any material relevant to your injuries, functional capacity or recovery.

Do social media posts and photographs have to be disclosed?

They can. In Clements v Margalit & Ors [2025] QDC 197, the Queensland District Court confirmed that photographs and social media posts showing post-accident physical activity were relevant to a claimant’s functional capacity and disabilities. If online material relates to what you can or cannot do, it may need to be disclosed.

Can I refuse disclosure on privacy grounds?

Privacy alone is not a sufficient basis to refuse if the material is directly relevant to the claim. In Clements, the court rejected the privacy objection and noted that personal injury proceedings are inherently intrusive for claimants seeking substantial damages. If the material falls within the disclosure obligation, privacy concerns do not override it.

Are any documents protected from disclosure?

Yes. Material protected by legal professional privilege is generally exempt. However, investigative reports, medical reports and rehabilitation reports must still be disclosed even where privilege applies, with the exception that passages consisting only of opinion may be omitted.

Should I tell my lawyer about social media or post-accident activities?

Yes, and you should do so early. Your lawyer needs the full picture to advise you properly and to assess what disclosure obligations apply. If there are posts or photographs that concern you, raise them with your lawyer rather than deleting them. Removing content after a claim has commenced can create separate and serious problems. Material that appears inconsistent with your claimed injuries is far better managed with your legal team than discovered by the insurer later.

This article was written by the team at AX Compensation Lawyers, personal injury lawyers helping Queenslanders understand their rights after an injury.