ADA v State of Queensland
[2023] QSC 159 · Cooper J
A woman, identified only as ADA to protect her privacy, sued the State of Queensland for around $2.2 million, claiming she suffered psychiatric injury from two childhood sexual assaults — one by an older student at a State-run school in 1968 when she was about 11, and a rape by a truck driver in 1973 when she was 15 and living in an orphanage under State care. She first told the State about the assaults in 2021. Because no time limit applies to child sexual abuse claims, the State could not rely on a limitation period, but it asked the court to permanently stop the case. The court agreed. It found the alleged attackers could not be identified, there were no witnesses or records, and the State had no way to investigate or defend the central allegations. A fair trial was therefore impossible, so the case was permanently stayed. The judge stressed this was no criticism of the woman's honesty or her delay in coming forward.
Incident & injury
Two alleged childhood sexual assaults — one by an older male student at a school in 1968, and one rape by a truck driver in 1973 — causing psychiatric injury
- Body regions
- Psychiatric
- Diagnoses
- PTSD, Chronic major depressive disorder, Anxiety
- Incident date
- 1 January 1968
- Location
- School operated by the State and route between orphanage and employer's residence
Quick facts
- Date of judgment
- 24 July 2023
- Claim type
- Historical Abuse
- Proceeding
- Interlocutory
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 11
- Occupation
- School student (child in the care of the State) Student
Outcome
The State's application for a permanent stay was granted. The court held that, because the alleged perpetrators could not be identified, there were no witnesses to the assaults, and no relevant records existed, the State was 'utterly in the dark' and a fair trial was not possible. The proceeding was permanently stayed and the plaintiff was ordered to pay costs.
Key issues
ADA v State of Queensland [2023] QSC 159
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