Screen a safety-defect injury against the Queensland three-year period
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Where a fault count may be filed in Queensland, list the s 11 date, which runs from when the cause of action arose. Do not treat that period as the safety-defect test, and do not convert it into a discoverability period.
- What the lawyer must review
- Check s 11: 3 years from when the cause of action arose, for an action of the kind that subsection describes.
- Do not call s 11 a discoverability period.
- Keep a dust-related condition outside that period. Smoking and tobacco smoke are excluded from that exception.
- Do not use the Queensland injury scale as the Part 3-5 test.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A Queensland personal-injury proceeding joined with a safety-defect claim
Produce. A screen that keeps s 11 separate from the safety-defect clocks.
Have ready. Date the cause of action arose; Whether a fault count is proposed; Injury records selected by the lawyer.
Example of the limit. Illustrative example: The injury was not diagnosed until two years after the goods were supplied. The lawyer diaries s 11 from when the cause of action arose, and does not start it from the diagnosis.
Stop and hand it back when
- Section 11 is diarised as a discoverability period.
- The dust exception is applied to a tobacco injury.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | Where a fault count may be filed in Queensland, list the s 11 date, which runs from when the cause of action arose. Do not treat that period as the safety-defect test, and do not convert it into a discoverability period. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Record the date the cause of action arose, not a date of knowledge, for s 11.
- Leave the Commonwealth clocks on the safety-defect side.
- Apply the dust exception only to a dust-related condition as defined.
- Keep health records in a firm-controlled tool.
Sources
- Limitation of Actions Act 1974 (Qld), s 11 · 2026-10-23
- Supreme Court of Queensland, Practice Direction 5 of 2025 · 2026-10-23
If a submission is filed in the Supreme Court of Queensland, Practice Direction 5 of 2025 requires a named practitioner to verify the references. It is not a general ban on generative AI.
Queensland extension provisions were not opened, so no extension test is stated.