Hoyes v Wellways Australia Limited ACN 093 357 165
[2025] QDC 125 · Coker DCJ
Maddison Hoyes worked as a support worker caring for troubled young people in residential homes run by Wellways. She claimed she developed post-traumatic stress disorder after three frightening incidents at work, the worst being in August 2019 when a teenager threatened her with a razor blade and a lighter. She sued her employer for $750,000, arguing it should have provided immediate counselling, two support workers for difficult clients, and should not have kept caring for the most dangerous teenager. The employer denied liability. The judge accepted Hoyes was a genuine witness but found she had a long history of mental health problems she had not disclosed when hired. The court preferred the defendant's psychiatrist, who said the work events caused only a temporary 18-month worsening of her existing condition. The judge found the employer had reasonable support systems in place, which Hoyes had declined to use, and dismissed the claim. Had she succeeded, damages would have been about $70,500.
Incident & injury
Plaintiff suffered alleged psychiatric injury following three incidents during employment as a support worker for disadvantaged juveniles: (1) 16 November 2018 — juvenile expressing suicidal ideation; (2) 26 November 2018 — juvenile FAL became aggressive, threw objects, barricaded plaintiff in office; (3) 16 August 2019 — juvenile PDL threatened plaintiff with a razor blade, physically pushed plaintiff against wall, threatened to burn plaintiff with a lighter.
- Body regions
- Psychiatric
- Diagnoses
- Post-Traumatic Stress Disorder (claimed; court found temporary exacerbation of pre-existing PTSD), Pre-existing PTSD / Bipolar Type 2 / Borderline Personality Disorder traits (pre-existing)
- Incident date
- 16 August 2019
- Location
- Townsville, Queensland (residential premises operated by defendant)
Quick facts
- Date of judgment
- 3 September 2025
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- ~23 (inferred)
- Occupation
- Support worker (carer for disadvantaged young people) Community & Personal Service Worker
- Liability
- Disputed
- ISV assessed
- 5 · Item 12 — Moderate mental disorder (WCRR Schedule 9)
- Total damages
- $0
Outcome
The plaintiff's claim was dismissed. The court found no breach of duty causative of injury — the defendant had reasonable support and counselling systems in place, the plaintiff did not disclose her significant pre-existing psychiatric conditions, and the work incident caused only a temporary 18-month exacerbation of pre-existing PTSD. Quantum was assessed at $70,524.50 had liability been established.
Defendant
1 Wellways Australia Limited ACN 093 357 165
Employer
- Judgment against this defendant
- $0
Heads of damage
| General damages | $7,450 |
|---|---|
| Past economic loss | $5,000 |
| Past superannuation | $475 |
| Future loss of economic capacity | $45,000 |
| Future superannuation | $5,100 |
| Future special damages | $0 |
| Subtotal before refunds | $70,525 |
Key issues
Hoyes v Wellways Australia Limited ACN 093 357 165 [2025] QDC 125
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