Hamcor Pty Ltd v State of Queensland: implications for local government

On 1 October 2014, the Supreme Court of Queensland delivered its decision in the matter of Hamcor Pty Ltd & Anor v State of Queensland & Ors [2014] QSC 224. The decision has important implications for local governments, widening the circumstances in which local governments may be at risk of civil liability, particularly in negligence.

BACKGROUND

The background to the case is complex, and concerns a number of issues not directly relevant for present purposes. In this case note, we have summarised the key facts relevant to the case's implications for local governments.

The case arose out of a fire in August 2005 at a chemical factory owned by Hamcor Pty Ltd (Hamcor). In responding to the fire, the Queensland Fire and Rescue Service (QFRS) attempted to extinguish the fire using significant volumes of water. However, because the fire was a chemical fire, this had serious adverse consequences.