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Increasing use of ‘strategic litigation’ to challenge public authorities worthwhile, says Creevey Russell
Taking action against local government and other public authorities in Queensland for negligence is worth pursuing, even in the face of state legislation that provides them with high levels of immunity, says a Queensland-based boutique firm.
Simon Levett and Jerome Doraisamy
Creevey Russell Lawyers principal Dan Creevey, whose firm practises in multiple areas, including class actions to family law to domestic law, said that the firm has been engaging the Civil Liability Act to determine whether public authorities can be held accountable to his clients.
“There can be difficulties in bringing an action against a public authority for negligence or breaches of their statutory duties,” he said.
“In Queensland, legislation such as the Civil Liability Act 2003 (Qld) provides high levels of immunity for public authorities including councils and various government departments. But this does not mean it is impossible.”
Mr Creevey detailed that section 35 of the act states that consideration ought to be given to the limited financial and other resources that are available to local councils and other government authorities when determining whether they have breached a duty of care owed to a member of the public.
Section 36, he went on, specifically states that an act or omission does not constitute a wrongful exercise or failure unless the act or omission was in the circumstances so unreasonable that no one in question could properly consider the act or omission to be a reasonable exercise of its function.
Elsewhere, Mr Creevey continued, section 37 of the act excludes any liability of a public authority unless it can be proven that the public authority had actual knowledge of the particular risk in harm.
Mr Creevey said that he believes “strategic litigation” is effective for clients in challenging local governments and other public authorities.
“Strategic litigation is a powerful tool that can be used to protect your rights and we have proven time and time again this approach works when you do it right from the start,” he said.
