Sawtell v State of Queensland
[2025] QDC 134 · Clarke DCJ
Kerri Anne Sawtell, a court depositions clerk, injured her lower back in May 2021 while passing a file to a Magistrate at work. Her workers' compensation claim for the back injury was accepted, and she was assessed with no permanent impairment, which allowed her to bring a common-law claim for the back injury. After starting court proceedings, she sought to add a claim for a psychiatric injury (depression and panic disorder) that she said was caused by the back injury. The State applied to strike out this added claim because she had not obtained a separate workers' compensation assessment for the psychiatric injury, as the workers' compensation legislation requires. The court agreed with the State, finding the legislative steps are mandatory and cannot be bypassed. The paragraphs claiming the psychiatric injury were struck out, so that part of her case cannot proceed. The court will hear the parties separately on who should pay the costs of the application.
Incident & injury
Lower back injury sustained while passing a file to a Magistrate during the course of employment as a court depositions clerk
- Body regions
- Lumbar spine, Psychiatric
- Diagnoses
- Lumbar facet joint and SI joint sprain/strain, Major depressive disorder, Panic disorder
- Incident date
- 12 May 2021
- Location
- Rockhampton (Magistrates Court workplace)
Quick facts
- Date of judgment
- 26 September 2025
- Claim type
- WCRA Common Law
- Proceeding
- Interlocutory
- Plaintiff outcome
- Unsuccessful
- Occupation
- Court depositions clerk Clerical & Administrative Worker
Outcome
The defendant's application to strike out the plaintiff's pleaded consequential psychiatric injury was granted under r 171 UCPR. The court held that the plaintiff could not claim damages for a consequential psychiatric injury for which no Notice of Assessment had been issued and where the mandatory pre-court procedures under the WCRA had not been followed.
Key issues
Sawtell v State of Queensland [2025] QDC 134
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