The 'not insignificant' test in s 9(1)(b) of the Civil Liability Act 2003 (Qld) produces a slight increase in the necessary degree of probability of harm compared with the common law 'not far-fetched or fanciful' test, and must be applied instead of the common law test for claims governed by the Act. A defendant seeking to limit liability under the proportionate liability provisions in ss 30-31 of the Act bears the onus of proving the existence of concurrent wrongdoers. Aerial sprayers of potent herbicides at excessive concentrations and in inappropriate weather conditions may be found to have foreseen the risk of damage to susceptible crops at distances of 20 kilometres.
The full text is available to signed-in members, including the 39 later cases that cite this judgment.
6 of the 39 citing cases carry a classified treatment. How each court treated it is available to signed-in members.