In the case of Ward v Saleh [2023] QMC 18, the Magistrates Court of Queensland considered an application to either strike out or permanently stay the proceedings initiated by Heidi Ward against Mohamed Saleh, a serving police officer. The crux of the complaint was Saleh's alleged failure to adequately investigate domestic violence and criminal allegations, purportedly breaching his duties as a public servant. Despite multiple orders for Ward to provide further particulars and evidence to substantiate her claims, the court found the complaint to be insufficiently detailed, lacking the essential factual ingredients necessary to establish a jurisdictional basis for the court's intervention.
Ward's failure to articulate the specific duty Saleh was alleged to have breached, coupled with a lack of clarity on the standards against which his investigatory adequacy was to be measured, led to the court's decision to permanently stay the proceedings. Furthermore, the court highlighted the importance of clear communication and procedural compliance in legal proceedings.
From the TLDR Caselaw Archive