---
title: "Test safety-defect defences in a Queensland Supreme Court proceeding"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/test-the-statutory-defences-to-a-safety-defect-claim/queensland"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-PR20261023-5-QLD"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["QLD"]
last_reviewed: "2026-10-25"
---

# Test safety-defect defences in a Queensland Supreme Court proceeding

> 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…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/test-the-statutory-defences-to-a-safety-defect-claim/queensland  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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. |
| Written for | Queensland |
| Applies to | [Test the statutory defences to a safety-defect claim](https://ailawframework.com/practice/personal-injury-and-compensation/test-the-statutory-defences-to-a-safety-defect-claim.md) |

## Checking plan

**Verify against sources**

The defences are Commonwealth. In the Supreme Court of Queensland, Practice Direction 5 of 2025 is the submissions rule. It does not govern a Federal Court submission, and it is not a general ban on generative AI.

- What the AI does: 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 does: The lawyer decides the defences and verifies any Queensland submission.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. Keep s 142(a) at supply by the actual manufacturer, or at generation for electricity.
2. Limit a component defence to design, markings, or instructions of the other goods.
3. Verify legislation and case references personally. Do not rely on a tool to verify a tool.
4. The direction also covers oral submissions.

## Notes

- 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.

## Practical guide

Jurisdiction: Supreme Court of Queensland, if the defence is addressed in a submission

**Deliverable**: A defence table, with the practitioner named if a Supreme Court submission will be filed.

**Inputs**

- Defence documents selected by the lawyer
- The mandatory standard, if any

**Example**: 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 escalate when**

- Section 148 is used for a state standard.
- Only the firm name appears on the submission.

Checked 2026-10-23.

## Sources

- [Australian Consumer Law, ss 142 and 148](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html) (checked 2026-10-23)
- [Supreme Court of Queensland, Practice Direction 5 of 2025](https://www.courts.qld.gov.au/__data/assets/pdf_file/0011/889148/sc-pd-5-pf-2025.pdf) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*