An application seeking an extension of the time limited by s 11 of the Limitations of Actions Act 1974 (Qld) (LAA) for the bringing of a dependency claim. In December 2009, the applicants’ then husband and step father was electrocuted in the course of his employment and died. Over eight years later, the findings of a coronial inquest were handed down, which precipitated the commencement of proceedings against the employer by the applicants. The applicants were ultimately successful in establishing that the evidence emerging from the coronial inquest constituted a material fact of a decisive character, permitting an extension of time to be granted pursuant to section 31 of the LAA.
Kristi Riedel (with R Douglas QC) appeared for the applicants, instructed by Mills Oakley.
The judgment is available here.