---
title: "Build a Queensland chronology where a permanent stay is in prospect"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/build-a-missing-witness-and-missing-records-chronology-where-a-stay-is-i/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-AB20261023-6-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Build a Queensland chronology where a permanent stay is in prospect

> 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.

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/build-a-missing-witness-and-missing-records-chronology-where-a-stay-is-i/queensland  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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. |
| Written for | Queensland |
| Applies to | [Build a missing-witness and missing-records chronology where a stay is in prospect](https://ailawframework.com/practice/personal-injury-and-compensation/build-a-missing-witness-and-missing-records-chronology-where-a-stay-is-i.md) |

## Checking plan

**Verify against sources**

The lawyer decides the fair-trial question. The tool builds a source-tagged chronology.

- What the AI does: 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 does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. 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.
2. 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.
3. Do not write that a stay is unavailable because s 11A removed the limitation period.
4. Do not draft the response to a stay application.

## Notes

- 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.

## Practical guide

Jurisdiction: Queensland. The court hearing any stay application.

**Deliverable**: A source-tagged chronology of complaints, surviving records, lost records and unavailable witnesses.

**Inputs**

- Complaint documents
- Record-holding letters
- Evidence of death or unavailability
- Whether the defendant is the State

**Example**: 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 escalate when**

- A row has no document.
- The tool is asked to draft the response to the stay.

Checked 2026-10-23.

## Sources

- [Limitation of Actions Act 1974 (Qld) s 11A](https://classic.austlii.edu.au/au/legis/qld/consol_act/loaa1974226/s11a.html) (checked 2026-10-23)
- [Queensland whole-of-government guidelines for child-abuse civil litigation, November 2022](https://www.justice.qld.gov.au/about-us/services/general-counsel/legal-services-coordination-unit/legal-service-directions-and-guidelines/whole-of-government-guidelines-for-responding-to-civil-litigation-involving-child-abuse) (checked 2026-10-23)
- [Queensland Courts, using generative artificial intelligence](https://www.courts.qld.gov.au/going-to-court/prepare-for-court/representing-yourself/using-generative-ai) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*
