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ARTICLE · 15 MARCH 2006

When Will The Civil Liability Act Apply To Claims Involving A Worker?

Two recent decisions of the Queensland Court of Appeal clarify how recent tort reforms will affect those injured in a car accident in the course of their employment.

AustraliaTransport

Two recent decisions of the Queensland Court of Appeal clarify how recent tort reforms will affect those injured in a car accident in the course of their employment. CTP reforms, including the damages scale prescribed by the Civil Liability Act 2003 (Qld), will apply except where the claimant’s employment has more than a coincidental involvement with the circumstances of the claim.

Newberry v Suncorp

[2006] QCA 48 and King v Parsons & Suncorp [2006] QCA 49 were heard together by the Court of Appeal as they were single judge decisions with conflicting interpretations of the relevant legislation. Justice Keane, delivering the leading judgment in each case, concluded that both trial judges were wrong and adopted a middle ground position.

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