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Dennison v Brisbane City Council: Clarifying Queensland’s Public Authority Liability Shield
The Queensland Court of Appeal’s decision in Dennison v Brisbane City Council has confirmed that s 36 of the Civil Liability Act 2003 (Qld), Queensland’s key statutory protection for public authorities facing liability claims, applies to common law negligence, not just breach of statutory duty. However, despite Brisbane City Council being able to avail itself of the s 36 defence, the Court found the Council failed to meet the low standard prescribed by that provision because it failed to comply with both its own internal policies and guidelines and applicable external industry standards, which mandated the taking of certain precautions to address the subject risk.
In this article, Partner Milton Latta discusses what Dennison means for insurers and underwriters of public authorities, and for any parties involved in injury claims involving public authorities, from a claims management and risk assessment perspective.
26 August 2026
- Expertise areas
Written by Carter Newell Partner Patrick Mead and published by LexisNexis, this authoritative reference is intended as a valuable resource for insurers and their advisors, students of law, brokers, loss adjusters, principals, contractors and other professionals involved in the construction and engineering industry.
23 March 2026
- Expertise areas
Carter Newell is pleased to release its 13th edition of the Australian Civil Liability Guide. Since 2005, this Guide has been the go-to reference for insurance professionals navigating Australia’s complex liability landscape.
With civil liability law continuing to evolve across every Australian jurisdiction, insurers, brokers, underwriters, managing general agents, third party administrators and risk managers need a comprehensive, up-to-date resource they can rely on.
More than two decades after the Ipp Report reforms, this trusted reference continues to provide the comprehensive guidance the insurance sector needs.
13 December 2024
- Expertise areas
For overseas investors and businesses considering doing business in Australia, asking the right questions is crucial to understanding the key and unique legal aspects that can impact commercial success.
With recent developments – including increased regulatory requirements, climate and sustainability reporting, corporate disclosures, and compliance obligations – Carter Newell’s ‘Doing Business in Australia Guide’ assists in highlighting these factors applicable across a wide range of industries.
1 March 2023
- Expertise areas
The Professional Liability Guide 2nd edition will again provide assistance to underwriters, claims managers, brokers, and their professional clients and advisers in evaluating the potential exposure to claims that fall under the purview of professional liability insurance.
1 December 2020
- Expertise areas
The 7th edition Workplace Advisory Gazette examines a number of cases of general application, including cases relating to dismissals arising from disparaging comments made about employers and clients, the classification of workers in the gig economy, and the recovery of damages paid by an employer as a result of the serious misconduct of an employee.
