Section 312 of the WorkCover Queensland Act 1996 does not require a claimant to plead the matters set out in the section; the section operates as an evidentiary provision affecting the onus of proof, not as an additional element of the cause of action. A statement of claim that pleads the essential elements of negligence in accordance with the Uniform Civil Procedure Rules is sufficient. However, the foreseeability test in s 312(1)(b) may be narrower than the common law test, requiring proof that the 'actual and direct event' giving rise to injury was foreseeable rather than merely that injury of the kind sustained was foreseeable — this question was not definitively resolved.
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