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ARTICLE · 11 MAY 2026

Supreme Court Clarifies Section 36 CLA Defence For Local Authorities

Barry Nilsson
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The Supreme Court has delivered clarification and detailed reasoning regarding the practical application of section 36 of the Civil Liability Act 2003 (Qld) with respect to a claim for negligence against a Council performing works, which included placing a barricade across a footpath.

AustraliaLitigation, Mediation & Arbitration
Nicole Henkey
Nicole Henkey
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The Supreme Court has delivered clarification and detailed reasoning regarding the practical application of section 36 of the Civil Liability Act 2003 (Qld) with respect to a claim for negligence against a Council performing works, which included placing a barricade across a footpath.

In issue

  • Whether Brisbane City Council (Council) breached its duty of care to the plaintiff riding his bicycle on a footpath which had been barricaded overnight to allow a concrete footpath to cure
  • Whether Council took steps to properly warn of the risk
  • Whether plaintiff exercised reasonable care
  • Whether Council took reasonable precautions to prevent harm to the plaintiff
  • Whether Council was a public authority exercising a statutory function in terms of the work being performed

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