Test safety-defect defences in a Queensland Supreme Court proceeding
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the material against each paragraph of s 142. If a submission will be filed in the Supreme Court of Queensland, the responsible practitioner must be named and must verify the references under Practice Direction 5 of 2025. Do not say a defence is made out.
- What the lawyer must review
- Decide which s 142 defences are open and who must establish them.
- If the defence is a Commonwealth mandatory standard, diary s 148 notice to the Commonwealth.
- Check a Queensland mandatory standard under s 142. Section 148 does not make Queensland a defendant.
- Name the individual practitioner on any written submission, not only the firm.
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. Supreme Court of Queensland, if the defence is addressed in a submission
Produce. A defence table, with the practitioner named if a Supreme Court submission will be filed.
Have ready. Defence documents selected by the lawyer; The mandatory standard, if any.
Example of the limit. Illustrative example: The defence pleads a Queensland safety standard. The lawyer records s 142(b) and does not prepare a s 148 notice to the Commonwealth. The submission names the barrister or solicitor who verified the references.
Stop and hand it back when
- Section 148 is used for a state standard.
- Only the firm name appears on the submission.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List the material against each paragraph of s 142. If a submission will be filed in the Supreme Court of Queensland, the responsible practitioner must be named and must verify the references under Practice Direction 5 of 2025. Do not say a defence is made out. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Keep s 142(a) at supply by the actual manufacturer, or at generation for electricity.
- Limit a component defence to design, markings, or instructions of the other goods.
- Verify legislation and case references personally. Do not rely on a tool to verify a tool.
- The direction also covers oral submissions.
Sources
- Australian Consumer Law, ss 142 and 148 · 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.