With thanks to Manthisha Panagoda for drawing attention to AB v State of Queensland [2021] QDC 171 (available from the Supreme Court Library Queensland).
The substantive claim was one for nervous shock, following the discovery by AB of sexual and physical assaults alleged to have been suffered by her daughter CD when very young, allegedly perpetrated by XY who, at the time, was about 17 and who had been placed in the household of AB by Life Without Barriers (the second respondent), pursuant to a foster parent scheme administered by the State of Queensland (the first respondent).
The assaults were said to have taken place in May 2006 and were disovered by AB shortly afterwards in September 2006.
AB was later told that XY had allegedly previously abused his sister. She sought legal advice in 2007 and her then solicitors served a notice of claim (PIPA) on her behalf. That notice of claim process was “not pushed ahead” at that time, apparently because of the view formed by the solicitors abour the prospects of the case (see [39]).
The present proceedings wree not commenced until 2021 after a second notice of claim was served. An extension of time was required but having regard to the history of the matter and the material facts available at earlier times, the application under section 31 of the Limitation of Actions Act 1974 (QLD) failed.