Fire brigade – duty of care & statutory defences

Hamcor Pty Ltd & Anor v State of Queensland & Ors [2014] QSC 224

A useful discussion of a novel circumstance of whether the Queensland Fire and Rescue Service (QFRS) owed a duty of care when attending a large chemical fire by the use of water, which subsequently became contaminated with chemicals. If owed, was it breached and did the QFRS have the benefit of statutory defences in s.36 of the Civil Liability Act 2003 (Qld) and s.129 of the Fire and Rescue Service Act 1990 (Qld).

Appeal by the plaintiffs dismissed: Hamcor Pty Ltd & Anor v State of Queensland [2015] QCA 183 (14/10135) Gotterson JA and Atkinson and Mullins JJ 02/10/2015

David Cormack – Brisbane Barrister & Mediator.

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