ADR v FDW; FDL v FDW

The applicants, ADR and FDL, have brought an action against the respondent, FDW, following the respondent's conviction for two counts of attempting to unlawfully kill the applicants. The applicants seek compensation for the injuries they suffered, which they claim were caused by the respondent's actions. The respondents were convicted in the Supreme Court of Queensland. The primary legal issue before the court was whether the respondent's actions directly or indirectly contributed to the applicants' injuries, given that there were multiple causes of their injuries.

The court considered the statutory provisions governing compensation orders for victims of crime in Queensland. The court held that the respondent's actions were a significant contributing factor to the applicants' injuries. The court found that the applicants suffered moderate mental or nervous shock as a result of the respondent's actions, which was a direct consequence of the offence committed against them. The court also noted that the applicants' injuries were not solely attributable to other causes, and that the respondent's actions played a significant role in causing the injuries.

In light of the above, the court made an order that the respondent pay compensation to each of the applicants in the sum of $9,000 for the injuries suffered because of the offence. The court also ordered that the compensation be paid to the Public Trustee who shall hold the moneys as a separate trust fund on trust for the applicants.