ECP v State of Queensland
[2026] QSC 30 · Johnstone J
An Aboriginal woman born on Palm Island in 1953, sued the State of Queensland for personal injury. She said that when she was about six years old, in 1959 or 1960, she was raped by her teenage uncle while living with her step-grandmother, and that this happened because the State breached a duty of care it owed her as an Aboriginal child under the historical Aboriginals Preservation and Protection Act. She valued her loss, including psychiatric injury, at more than $2.7 million plus exemplary damages. The State applied for judgment without a trial, arguing the claim had no reasonable prospect of success. Johnstone J found the pleading, already in its third version, was so confused and defective that it could not be understood, and that the plaintiff could not prove the State was her guardian or owed the duty claimed. The judge entered judgment for the State and ordered the plaintiff to pay its costs. The claim cannot now proceed.
Incident & injury
Plaintiff alleged she was raped by her uncle at about age six while residing with her step-grandmother on Palm Island, said to result from the State's breach of a duty of care owed to her as an Aboriginal child
- Body regions
- Psychiatric
- Diagnoses
- post-traumatic stress disorder, major depressive disorder
- Incident date
- 1959
- Location
- Palm Island, Queensland
Quick facts
- Date of judgment
- 12 October 2026
- Claim type
- Historical Abuse
- Proceeding
- Interlocutory
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 6
- Occupation
- Minor / Child
Outcome
The State's application under UCPR r 293 succeeded. Johnstone J entered judgment for the State on the claim, finding the plaintiff had no real prospect of succeeding and that the Further Amended Statement of Claim disclosed no maintainable cause of action. The plaintiff was ordered to pay the State's costs.
Defendant
1 State of Queensland
Alleged guardian / State authority
Key issues
ECP v State of Queensland [2026] QSC 30
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Learn more about institutional abuse claims and psychological injury claims in Queensland.