Set out the Queensland causation questions for a negligence claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the pleaded breach and the harm, build a table with a blank for the facts on each Queensland causation question. Do not decide causation. Where the Civil Liability Act applies, the questions are section 11.
- What the lawyer must review
- Decide factual causation and scope of liability, and write any pleading or advice
- Check section 5 before using section 11 on a work injury or a dust-related condition
- Under section 11(3), treat a later statement of what the person would have done as inadmissible unless against interest
- The lawyer names the Act. Do not treat section 11 as universal
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Queensland negligence claim to which the Civil Liability Act 2003 applies
Produce. A causation table with blanks for the facts, not a decision.
Have ready. The breach the lawyer has pleaded or is considering; The harm; Whether section 5 takes the claim outside the Act.
Example of the limit. Illustrative example: The draft marks factual causation as met because the harm followed the breach. The lawyer clears that cell. Sequence is not the necessary-condition test in section 11(1)(a).
Stop and hand it back when
- The claim may be a work injury or a dust-related condition under section 5.
- The harm or the breach is not yet identified by the lawyer.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the pleaded breach and the harm, build a table with a blank for the facts on each Queensland causation question. Do not decide causation. Where the Civil Liability Act applies, the questions are section 11. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Section 11(1) asks two things: whether the breach was a necessary condition of the harm, and whether it is appropriate for the scope of liability to extend to that harm.
- Section 11(2) is the exceptional case where factual causation cannot be established in the ordinary way. Leave that for the lawyer.
- Section 5(1)(b) says the Act does not apply in deciding liability or damages if the harm is or includes 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 35 of that Act applies. Section 5(1)(c) is the same exclusion for a dust-related condition. Section 5(1)(a) is the WorkCover Queensland Act 1996 exclusion, other than section 36(1)(c) or 37 of that Act. Check those exceptions before using section 11.
- The current reprint of the Civil Liability Act 2003 on the Queensland legislation site runs from 1 July 2024. Confirm it is still current.
Sources
- Civil Liability Act 2003 (Qld) section 11 · 2026-10-23
- Civil Liability Act 2003 (Qld) section 5 · 2026-10-23
- Civil Liability Act 2003 (Qld), current reprint from 1 July 2024 · 2026-10-23
Section 11 does not ask for a percentage possibility. Section 55 does not either. Where section 55 applies, the court must state the assumptions and the methodology for earnings that cannot be precisely calculated.
A work injury damages claim is generally outside this Act because of section 5. The lawyer uses the Workers' Compensation and Rehabilitation Act 2003 for that claim.
The official reprint was opened. The section text relied on was read on AustLII.