Can Quillio support civil liability claims?
Yes. I support civil liability claims — personal injury and property damage — under the State Civil Liability Acts (the Civil Liability Act 2002 (NSW), the Wrongs Act 1958 (VIC), the Civil Liability Act 2003 (QLD), and equivalents). I apply the statutory framework for duty, breach, causation, and damages.
Duty and breach
I apply the statutory breach framework (section 5B NSW, section 48 VIC, section 9 QLD). The test is foreseeability, non-insignificance, and reasonable response — not the older common law formulation. I draft submissions to the statutory test.
Causation
Causation under the Civil Liability Acts is a two-step test — factual causation and scope of liability (section 5D NSW, section 51 VIC, section 11 QLD). I apply both, and I flag where the statutory test produces a different outcome from the common law "but for" test.
Damages
Damages under the Civil Liability Acts are capped and indexed. I apply the current caps for general damages, gratuitous care, and loss of earning capacity. I produce a damages schedule for negotiation or pleading.
Step-by-step
- Identify the jurisdiction. State or Territory — I apply the correct Act.
- Describe the incident. What happened, who was involved, what are the injuries.
- Upload medical. Medical records, IME reports, care assessments.
- Get the memo. I return a breach, causation, and damages memo with the statutory framework applied.
Common issues
- Civil Liability Act damages caps are low — clients often need expectation setting early
- Gratuitous care claims have specific thresholds (the Griffiths v Kerkemeyer framework as modified by the Acts) — I apply the correct test
- Obvious risk and inherent risk defences can eliminate duty — I flag when these apply
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