Question 2 - HYPOTHETICAL ILAC QUESTION (22 marks)

The Brisbane City Council (BCC) manages Mt Coot-tha Reserve which is a 15-minute

drive west of the Brisbane Central Business District (CBD). The reserve has a

major camp area on the eastern point of the forest near the Brisbane Botanic

Gardens, Mt Coot-tha. Under Queensland's 'Risk Program', all trees on council

owned or managed land are protected, and any trees planted on BCC land become

the responsibility of it and all hazardous trees must be removed or pruned. Recently

the BCC identified and removed some rotten trees within the reserve.

David and his partner are regular campers within the reserve. They had their tent

erected at the park when a large tree fell on the tent and severely injured David. He

is hospitalised, cannot work for six months and has a reduced capacity to

work.

Page 5 of 5

Forestry evidence reveals that the risk of falling trees or limbs is widespread in all

forest types. The wattle tree that hit David was not rotten but fell because the winds

were too strong for the holding capacity of the wet soil. However, there were

numerous letters prior to this incident and emails of complaint made to the council

about the risk of trees falling in parts of the reserve, some of which have been posted

on Facebook. David maintains that although he was a regular camper, he was not

aware of the risk, and there should have been a sign stating:

"Visitors to this reserve are warned of the risk of falling trees or

limbs, and visitors should not camp under or close to trees nor

remain near them under conditions of high wind or rain."

Using the legal problem-solving format of (1) Issues; (2) Relevant law; (3)

Application of law to the problem; and (4) Conclusion, answer the following question.

Advise David about his prospects in bringing a negligence action against the

BCC. In your answer refer to relevant sections of Civil Liability Act 2003

(QLD), cases and any defences. It is NOT required to look at Council By Laws

or Regulations. (22 marks)