In this crucial episode of P.I. Case Note, experienced personal injury lawyer Michelle Wright examines the Queensland District Court’s decision in Young v State of Queensland [2025] QDC 100, which demonstrates the critical importance of correctly identifying defendants in employment-related claims. This case provides essential guidance on strike out pleadings employment law matters under Rule 171 of the Uniform Civil Procedure Rules 1999 (Qld), particularly when navigating the complex structure of Queensland government employment.
The Court’s analysis reveals how Ms. Young’s claim for psychiatric injury from workplace bullying was struck out entirely because she sued the wrong entity. Despite working at the Queensland Parliamentary Service and suffering harassment from a state parliamentarian, the Court found that the State of Queensland was not her proper employer—rather, it was the Clerk of the Legislative Assembly. This decision highlights a fundamental principle in strike out pleadings employment law: you must sue the correct legal entity, not just the organisation that appears on your payslips. The Court emphasised that the Parliamentary Service operates independently of the Executive Government under the Parliamentary Service Act, making the distinction between state employees and parliamentary employees crucial for determining the proper defendant.
Listen for Michelle Wright’s comprehensive analysis of this important decision on strike out pleadings employment law and its implications for government employees. If you’ve suffered psychological injuries from workplace bullying or harassment, identifying the correct defendant is crucial to your claim’s survival. The experienced team at accident legal understands the complexities of government employment structures and can ensure your claim names the right parties from the start. With over 30 years of experience and offices throughout Queensland, we’ve helped thousands of injured workers navigate these technical requirements. Contact us for a free consultation on (07) 3740 0200—we’ll make sure your claim is properly structured to avoid costly strike-out applications.
