Seamus had an accident while on holiday at Port Douglas, Queensland in January 2018. The accident was caused by Cara's negligence. Seamus suffered a fracture of his lower back because of the accident. Seamus had a painful back before the accident (as he had an old rugby injury) so he did not realise that the new injury had occurred, even though his lower back was quite painful after the accident. There were no major symptoms different from those he was having before the accident, although he says his back did become worse and more painful as time went on. Four years to the day after the accident he suddenly became a paraplegic because of the fracture.

Seamus is 40 years old and was a licensed plumber before he became a paraplegic. Of course, Seamus will never be able to work again as a plumber, due to the physical requirements of the job.

Seamus is aware that Cara is a wealthy woman, who owns a home at Noosa Waters valued at 10.5 million dollars, and that she is in the process of selling it. She plans to move to New Zealand and retire to live off the proceeds of the sale. She has no other assets or income.

Can Seamus commence action to recover damages against Cara? Advise Seamus what steps he should take to succeed in his claim. Give detailed advice including how he should commence action and how he can maximise his chances of recovering significant damages.

You must refer to relevant legislation, rules and authorities in your answer.