Section 5(b) of the Civil Liability Act 2003 (Qld) excludes a claim from the CLA only where the claim itself asserts that the claimant's employment was a significant contributing factor to the injury caused by the defendant's breach of duty. A worker injured in the course of employment by a third party's negligence, where the employment activities are immaterial to the breach of duty and resulting injury, is subject to the CLA's damages limitations. The 'significant contributing factor' requirement in s 32 of the WCRA is an additional requirement beyond 'arising out of or in the course of employment'.
The full text is available to signed-in members, including the 33 later cases that cite this judgment.
3 of the 33 citing cases carry a classified treatment. How each court treated it is available to signed-in members.