An aggravation of a pre-existing psychiatric injury to the point of rendering the claimant medically unfit for employment can constitute a single material fact of a decisive character for the purposes of s 31 of the Limitation of Actions Act 1974 (Qld), even where the claimant had earlier knowledge of the underlying condition. Knowledge that PTSD has the potential to be a long-term condition does not, without more, constitute knowledge of its impact on earning capacity. The reasonableness of steps taken to ascertain material facts is assessed by reference to the actual applicant's circumstances, and a court will not draw a generalised inference that a university-educated person should have sought professional advice earlier absent evidence that their specific training would have prepared them to do so.
The full text is available to signed-in members.