Cootharinga North Queensland v Wolfs

[2025] QCA 106

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Pleadings
3. › Striking out
4. › Tendency to prejudice or delay fair trial
5. › Failure to articulate risk of harm in negligence pleading
6. › Whether pleading disclosed reasonable cause of action
7. › Uniform Civil Procedure Rules 1999 (Qld), r 171(1)
1. Practice and Procedure
2. › Pleadings
3. › Striking out
4. › Workplace injury claims
5. › Identification of risk of harm
6. › Appropriate level of generality for formulation of risk
7. › Workers' Compensation and Rehabilitation Act 2003 (Qld), ss 305B, 305D
1. Practice and Procedure
2. › Costs
3. › Appeals as to costs
4. › Whether leave of primary judge required for appeal against costs order on separate application
5. › District Court of Queensland Act 1967 (Qld), s 118B
1. Appeal
2. › Leave to appeal
3. › Interlocutory decisions
4. › Standard of appellate review
5. › Whether error of type identified in House v The King
6. › Whether substantial injustice
7. › District Court of Queensland Act 1967 (Qld), s 118(3)

Quick Take

A negligence pleading in a workplace injury claim must articulate the risk of harm with sufficient precision to expose the contest between the parties' differing formulations, not merely plead that a risk of injury existed in identified factual circumstances.

Case Details

Citation[2025] QCA 106

CourtQCA

JurisdictionQueensland

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