Mark Queensland heads that section 52 does not allow
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Mark exemplary, punitive and aggravated damages as heads section 52 does not allow, unless the lawyer says one of the two exceptions applies. Do not decide the exception, and do not use section 52 as the work-injury rule.
- What the lawyer must review
- Section 52 bars exemplary, punitive and aggravated damages
- The two exceptions are the lawyer's decision
- A work injury is a section 5 question, not a section 52 question
- The tool marks the heads and removes nothing the lawyer has kept
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland personal injury damages claim, heads section 52 does not allow
Produce. A marked list of exemplary, punitive and aggravated damages, with any exception left to the lawyer.
Have ready. The heads the lawyer has claimed; Whether the lawyer says an exception, or section 5, applies.
Example of the limit. Illustrative example: The list marks aggravated damages as a section 52 head. The lawyer has not said either exception applies, so the mark stays and the tool does not delete anything else.
Stop and hand it back when
- The draft decides that an exception applies.
- The draft treats section 52 as the reason a work injury is outside the Act.
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 52(1): a court cannot award exemplary, punitive or aggravated damages in a claim for personal injury damages.
- Section 52(2): subsection (1) does not apply if the act that caused the injury was an unlawful intentional act done with intent to cause personal injury, or an unlawful sexual assault or other unlawful sexual misconduct. The tool does not decide that either exception applies.
- Section 52 bars exemplary, punitive or aggravated damages. It is not the work-injury rule. Section 5(1)(b) can take the Act out of deciding liability or awards for an injury for which compensation is payable under the Workers' Compensation and Rehabilitation Act 2003, other than an injury to which section 34(1)(c) or section 35 of that Act applies. Those two sections were not opened. Do not describe section 52 as the reason.
- Mark the heads. Do not delete a head the lawyer has said remains, and do not add a head the lawyer has not claimed.
Sources
- Civil Liability Act 2003 (Qld) section 52 · 2026-10-23
- Civil Liability Act 2003 (Qld) section 5 · 2026-10-23
Section 5(1) says this Act does not apply in deciding liability or awards of damages for personal injury if the harm is or includes an injury for which compensation is payable under the WorkCover Queensland Act 1996, other than an injury to which section 36(1)(c) or 37 of that Act applies, or under the Workers' Compensation and Rehabilitation Act 2003, other than an injury to which section 34(1)(c) or 35 of that Act applies, or a dust-related condition, or an injury from smoking or other use of tobacco products or exposure to tobacco smoke. Section 5(2) says it is immaterial whether compensation is claimed or whether the entitlement to seek damages is regulated under the relevant Act. Section 5(3) keeps this Act for deciding awards of section 59A damages for a dust-related condition or a tobacco injury. It does not keep the rest of the Act for a work injury. Sections 34 and 35 of the 2003 Act and sections 36 and 37 of the 1996 Act were not opened, so the content of those carve-outs is not described. The official reprint is current from 1 July 2024. Section text was read on AustLII.
The tool does not write a schedule that will be filed or served.