Falsely accused father of sexual abuse allegations gets to fight another day

Riley v State of Queensland [2013] QMC 013


The respondent/father was falsely accused of sexually abusing his daughters, including rape, by the then Department of Child Safety. The Department neglected and refused over a protracted period of time to correct the information when simple inquiries would have ascertained so. The summary judgment application by the Department (State of Queensland) to dismiss the father’s claim for a psychiatric injury based on the decisions of Sullivan v Moody [2001] HCA 59 and Tame v NSW [2001] CLR 317 that no duty of care was owed and the injury was not foreseeable, was dismissed. The father gets to fight another day.



David Cormack – Brisbane Barrister.

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