Willmot v State of Queensland
[2022] QSC 167 · Bowskill CJ
Joanne Willmot, an Aboriginal woman, sued the State of Queensland for around $1.76 million, claiming she developed post-traumatic stress disorder because of sexual and physical abuse she suffered as a child between 1957 and 1967 while she was a 'State child' in the State's care. She said she was sexually abused by a foster carer, physically abused at the Cherbourg girls' dormitory, and sexually assaulted by relatives at her grandmother's house. Because the law removed the time limit for child abuse claims, she could bring the claim despite the long delay. The State asked the court to permanently stop the case, arguing that almost everyone involved had died and it had no way to investigate or respond to the allegations. The court agreed. It found that with around 60 years having passed and the alleged abusers deceased, the State could not get a fair trial. The court permanently stayed the proceeding, meaning the claim cannot go ahead, while stressing this involved no criticism of Ms Willmot.
Incident & injury
Psychiatric injury alleged to have developed as a result of sexual abuse and serious physical abuse suffered as a child while in the care of the State as a 'State child' between 1957 and 1967, including sexual abuse by foster carer Jack Demlin, physical abuse at the Cherbourg girls' dormitory by supervisor Maude Phillips, and sexual abuse by relatives at her grandmother's house
- Body regions
- Psychiatric
- Diagnoses
- Post Traumatic Stress Disorder
- Incident date
- 1 January 1957
- Location
- Cherbourg, Queensland (foster care, girls' dormitory) and Ipswich
Quick facts
- Date of judgment
- 22 August 2022
- Claim type
- Historical Abuse
- Proceeding
- Interlocutory
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 3
- Occupation
- State child (in care) Minor / Child
Outcome
The State's application for a permanent stay was granted. The court held that because all but one of the alleged perpetrators were long deceased and the State had no means of investigating or obtaining instructions on the foundational allegations of abuse, a fair trial was not possible. The proceeding was permanently stayed.
Key issues
Willmot v State of Queensland [2022] QSC 167
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