Record the section 47 presumption and the 25 per cent minimum

MaintainedLast reviewed

Key facts

Human involvement
YellowClose supervision
How AI is used
From the records the lawyer marks, list what is said about alcohol or drugs, the level if a document states one, and whether anyone says it was not self-induced. Do not decide the reduction.
What the lawyer must review
  • The lawyer decides whether the presumption is rebutted and what reduction follows.
  • Keep this public liability fall outside the motor-vehicle minimum in section 47(5).
  • Keep health and wage records in a firm-controlled tool, not a public one.
  • ASCR r 9 and APP 11 apply. Decide if a breach is notifiable under the Privacy Act 1988 (Cth).
Written for / version
Queensland versionQLDNSWVIC

Rules that apply

The document starts from the task name. Change it if this piece of work is different.

The work product

Forum. Queensland. A public liability claim in which intoxication and contributory negligence are raised.

Produce. A sourced note of the intoxication facts against section 47.

Have ready. Records of intoxication; Any level a document states; Any document on whether it was self-induced.

Example of the limit. Illustrative example: A blood result is in the records and the fall was in a shop. The note records the result and records that subsection (5) is a motor-vehicle rule. It does not pick a percentage.

Stop and hand it back when

  • The tool is asked to decide the reduction.
  • The only question is the motor-vehicle minimum on a fall claim.

Sources for this task were checked on 2026-10-23.

Who does what

Who does what
RoleWhat they do
AssistanceFrom the records the lawyer marks, list what is said about alcohol or drugs, the level if a document states one, and whether anyone says it was not self-induced. Do not decide the reduction.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Record intoxication at the time of the breach only from a marked document.
  2. The presumption is rebutted only by proof on the balance of probabilities that intoxication did not contribute to the breach, or that it was not self-induced.
  3. If not rebutted, the court must reduce damages by 25 per cent or a greater percentage the court decides.
  4. Section 47(5) raises the minimum to 50 per cent for a motor-vehicle driver at 150 mg or more of alcohol in 100 mL of blood, or so affected as to be incapable of effective control.

Sources

The section applies when contributory negligence is alleged. The lawyer decides whether that allegation is made. The tool does not choose the percentage above 25.

The Queensland Courts generative AI page says the user is responsible for accuracy of what is given to a court or tribunal, and that confidential information must not go into a public chatbot. Practice Direction 5 of 2025 is listed. Its text was not opened.

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