Build a Queensland chronology where a permanent stay is in prospect
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the documents the lawyer selects, build a dated table of complaints, surviving records, lost records and unavailable witnesses. Every row needs a document. Do not say whether a stay should be granted.
- What the lawyer must review
- Decide whether a fair trial is still possible. Section 11A(5) does not decide that.
- The State's guidelines say a stay may still be sought on that fair-trial test.
- Do not treat the guidelines as binding the State.
- Keep the file in the firm's system. Confidentiality and APP 11 apply.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland. The court hearing any stay application.
Produce. A source-tagged chronology of complaints, surviving records, lost records and unavailable witnesses.
Have ready. Complaint documents; Record-holding letters; Evidence of death or unavailability; Whether the defendant is the State.
Example of the limit. Illustrative example: The institution's letter says the house parent has died and the punishment book cannot be found. The tool dates the letter and cites it. The lawyer decides whether those facts meet the fair-trial example in s 11A(5).
Stop and hand it back when
- A row has no document.
- The tool is asked to draft the response to the stay.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the documents the lawyer selects, build a dated table of complaints, surviving records, lost records and unavailable witnesses. Every row needs a document. Do not say whether a stay should be granted. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 11A(5) preserves a court's power to grant a permanent stay. The example is delay with a burdensome effect so serious that a fair trial is not possible.
- The November 2022 guidelines are not binding. They say the State may still apply for a stay on that test, and that the State should be mindful that litigation may re-traumatise a claimant.
- Do not write that a stay is unavailable because s 11A removed the limitation period.
- Do not draft the response to a stay application.
Sources
- Limitation of Actions Act 1974 (Qld) s 11A · 2026-10-23
- Queensland whole-of-government guidelines for child-abuse civil litigation, November 2022 · 2026-10-23
- Queensland Courts, using generative artificial intelligence · 2026-10-23
The guidelines apply to claims against the State. They do not bind a private institution.
If this is used in a Supreme Court document, the Queensland Courts page lists Supreme Court Practice Direction 5 of 2025 on the accuracy of references in submissions. The direction was not opened, so no clause is quoted.