Willmot v Queensland

Courts – Abuse of process – Permanent stay of proceedings – Where claim for damages for personal injury for alleged child sexual abuse and serious physical abuse more than 50 years ago – Where no limitation period for claims resulting from child sexual abuse or serious physical abuse under s 11A of Limitation of Actions Act 1974 (Qld) – Where deaths of certain alleged perpetrators and other potential witnesses – Where absence of documentary evidence – Whether trial necessarily unfair – Whether abolition of limitation period changed right to fair trial – Whether continuation of proceedings an abuse of process justifying permanent stay.

Words and phrases – "abuse of process", "child sexual abuse", "delay in bringing proceedings", "exceptional circumstances", "fair trial", "forensic disadvantage", "irreducible minimum standards of fairness", "limitation period", "manifest unfairness", "non-delegable duty", "oppressive", "permanent stay", "prejudice", "serious physical abuse", "unfairness".

Limitation of Actions Act 1974 (Qld) – s 11A.