Frame contributory negligence under the Queensland Civil Liability Act
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Set out the section 23 facts and the section 24 reduction questions from the approved facts. Do not choose a percentage.
- What the lawyer must review
- Decide what the person knew or ought reasonably to have known at the time
- A reduction of 100 per cent is open only if the court finds it just and equitable
- The tool does not choose the percentage
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 to which the Civil Liability Act 2003 applies. The lawyer confirms the Act applies to this claim.
Produce. A set of contributory-negligence questions and sourced facts for the lawyer's advice.
Have ready. Approved facts on what the person knew and did; The pleaded risk of harm; Any section 9 precaution findings already made.
Example of the limit. Illustrative example: The draft treats a later precaution by the person as if it proved negligence at the time. The lawyer removes that inference and decides the reduction, if any, from what was known at the time.
Stop and hand it back when
- The output states a percentage.
- The facts are not the approved facts.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 23 applies the breach principles to the person who suffered harm. The standard is a reasonable person in that person's position, judged on what that person knew or ought reasonably to have known at the time.
- Section 24 allows the court to reduce the damages by 100 per cent if that is just and equitable, which defeats the claim. The tool does not say that this is the result.
- Use only facts the lawyer has approved. Separate what the person knew from what the person ought reasonably to have known.
- If the work may be used in a filed submission, the practitioner checks it under Practice Direction 5 of 2025 or Practice Direction 12 of 2025.
Sources
- Civil Liability Act 2003 (Qld), sections 23 and 24 · 2026-10-23
- Supreme Court of Queensland Practice Direction 5 of 2025 · 2026-10-23
- Queensland Law Society Guidance Statement No. 37 · 2026-10-23
The tool arranges the questions. It does not decide breach, contributory negligence or the reduction.
Guidance Statement No. 37: check this product before it is used, and keep the file in a firm-controlled tool.