Chronology for a Queensland road-authority repair defence
MaintainedLast reviewed
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Build a source-tagged chronology of complaints, inspections and knowledge. Write nothing that is filed.
- What the lawyer must review
- You decide whether section 37 applies and whether the place is a road
- Apply the schedule 4 definition and the actual-knowledge exception
- A claim that section 6 does not exclude still needs a section 9 notice
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland claims against a public or other authority about a road, before proceedings, where section 37 may be raised.
Produce. A source-tagged chronology of knowledge and inspections. The decision to proceed is the lawyer's.
Have ready. Complaints, inspection records and work orders the lawyer has selected; What is known about who did the road work; The place and the date of the incident.
Example of the limit. Illustrative example: The draft treats a complaint about a different street as knowledge of this risk. The lawyer separates that complaint and decides actual knowledge from the documents that name this place and this risk.
Stop and hand it back when
- The output says the defence succeeds or fails.
- The output is a filed pleading or a notice of claim.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Build a source-tagged chronology of complaints, inspections and knowledge. Write nothing that is filed. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Section 37(1) says a public or other authority is not liable for a failure in its function as a road authority to repair a road or keep it in repair, or to inspect a road to decide the need to repair it.
- Section 37(2) removes that protection if, at the time of the alleged failure, the authority had actual knowledge of the particular risk the materialisation of which resulted in the harm. The chronology tags each document to a date, an author and what it shows about that risk.
- Section 37 defines road by schedule 4 of the Transport Operations (Road Use Management) Act 1995. The opened schedule includes an area open to or used by the public and developed for, or having as one use, the driving or riding of motor vehicles, and an area dedicated to public use as a road. It also includes a busway. A footpath is defined separately as an area open to the public designated for, or having as one of its main uses, use by pedestrians. The lawyer applies both definitions to the place. The schedule was read on AustLII.
- Section 34 defines a public or other authority. Section 35 states resource principles for duty and breach. Section 36 is about a proceeding based on a wrongful exercise or failure to exercise a function. The lawyer decides which of these, if any, arise. A road authority is the entity responsible for carrying out any road work.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| Notice to a road authority of an incident, asking for inspection and complaint records | Letter | AI use Yellow | A letter giving a Victorian road authority the particulars of a notice of incident, and asking a road authority in Victoria, Queensland or New South Wales for the inspection, complaint and repair records for the site. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- Civil Liability Act 2003 (Qld), sections 34 to 37 · 2026-10-23
- Transport Operations (Road Use Management) Act 1995 (Qld), schedule 4, AustLII · 2026-10-23
- Personal Injuries Proceedings Act 2002 (Qld), sections 6 and 9 · 2026-10-23
- Supreme Court of Queensland Practice Direction 5 of 2025 · 2026-10-23
The tool writes nothing that is filed. If a proceeding is started, Practice Direction 5 of 2025 or Practice Direction 12 of 2025 applies.
If section 6 does not take the claim outside the Personal Injuries Proceedings Act, section 9 still requires a notice. Where the respondent is the State, part 1 is given to the Crown solicitor and identifies the department.