AB v State of Queensland

In the matter of AB v State of Queensland, the appellant, AB, sought damages for personal injuries resulting from sexual abuse by a foster child, XY, who was placed in her care. AB contended that the State of Queensland, through its foster care scheme, had actual knowledge of the risk XY posed, which was not within her knowledge until after the limitation period for personal injury claims had expired. AB initiated legal proceedings in March 2021, beyond the three-year limitation period stipulated in section 11 of the Limitation of Actions Act 1974 (Qld). AB sought an extension of the limitation period under section 31 of the same Act, which allows for the extension if a material fact of decisive character was not within the applicant’s knowledge until after the limitation period began.

The primary legal issue before the court was whether AB's belief that the State had knowledge of the risk posed by XY, in the absence of concrete evidence, constituted a material fact of decisive character. Additionally, the court had to determine the relevance of the hypothetical scenario where AB might have obtained admissions from the respondents had she not pleaded the case with the evidence of actual knowledge. The court also needed to consider whether the limitation period should be extended based on AB's late discovery of the evidence proving the actual knowledge of the State.

The court found that AB's belief, unsupported by evidence, did not meet the threshold of a material fact of decisive character. However, when AB became aware of concrete evidence on 16 March 2020, proving the State's actual knowledge of the risk posed by XY, this constituted a material fact of decisive character. The court acknowledged the hypothetical scenario but deemed it irrelevant to the actual knowledge of the State. Based on these findings, the court ruled that the limitation period should be extended to 16 March 2021. The appeal was allowed, and the orders of the District Court were set aside. The court granted AB’s appeal, extended the limitation period, and ordered the State to pay AB’s costs in this Court.