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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.
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Carter Newell is delighted to announce that Partner Stephanie Huestis has been named New Partner of the Year (SME Law) at the Lawyers Weekly Partner of the Year Awards 2026 – one of the Australian legal profession’s most prestigious accolades. Read more to find out about Stephanie’s outstanding achievement.
