Willmot v State of Queensland
[2023] QCA 102 · Gotterson AJA (Mullins P and Boddice AJA agreeing)
Joanne Willmot, an Aboriginal woman who was a State child placed in foster care and in the Cherbourg Girls' Dormitory as a child in the late 1950s and 1960s, sued the State of Queensland. She said she developed a psychiatric injury (including post-traumatic stress disorder) because of sexual and physical abuse she suffered, and because the State failed to properly monitor and protect her. Because she was abused as a child, no time limit applied to her claim. However, the trial judge had permanently stopped (stayed) the case because almost all the alleged abusers and key witnesses had died decades earlier, leaving the State with no way to investigate or fairly defend the claims. Ms Willmot appealed, arguing the judge gave too much weight to the missing witnesses. The Court of Appeal dismissed her appeal, finding the trial judge made no error and that a fair trial was not possible after about 60 years. The practical effect was that this decision confirmed her claim could not go ahead.
Incident & injury
Psychiatric injury alleged to have developed as a result of sexual and serious physical abuse suffered as a child while a State Child in foster care and in the Cherbourg Girls' Dormitory, and while visiting her grandmother, the State allegedly failing to monitor and supervise her.
- Body regions
- Psychiatric
- Diagnoses
- Post Traumatic Stress Disorder, psychiatric symptoms
- Location
- Cherbourg Settlement (Girls' Dormitory) and Ipswich, Queensland
Quick facts
- Date of judgment
- 16 May 2023
- Claim type
- Historical Abuse
- Proceeding
- Appeal
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 3
- Occupation
- Minor / Child
- Liability
- Stay / procedural
- Total damages
- $0
Outcome
The Court of Appeal dismissed the appellant's appeal against the trial judge's order permanently staying her claim against the State for damages for psychiatric injury arising from historical childhood abuse. The Court held no House v The King error was shown; the death of the alleged perpetrators and the 60-year passage of time meant the State could not investigate the foundational abuse allegations and a fair trial was not possible.
Key issues
Willmot v State of Queensland [2023] QCA 102
When typing in a Word document, italicise the case name. The copy button copies plain text suitable for any editor.