In Churchin v State of Queensland [2023] QDC 263, the plaintiff, Kierin Aden Churchin, brought a civil claim against the State of Queensland, alleging negligence in the administration of the foster care system. Churchin claimed that the Department of Children, Youth Justice and Multicultural Affairs failed in their duty of care by placing him in foster environments where he suffered abuse, both physical and sexual.
The court, presided over by Porter KC DCJ, addressed the defendant’s application to strike out the amended statement of claim on 21 November 2023. The application for strike-out was granted on several grounds, primarily concerning the lack of specificity in the pleadings. Specifically, the court found that the claims did not sufficiently outline the scope of duty, instances of alleged negligence, or provide a clear link between the actions of the Department and the alleged harm.
Porter KC DCJ ordered that the amended statement of claim be struck out but allowed the plaintiff leave to re-plead the claim with greater particularity. The court also ordered that the plaintiff pay the defendant’s costs related to the application filed on 8 November 2023.