Airlie Beach woman Heidi Ward ordered to pay state’s court costs over hearing in $1.2m case

A former Whitsunday businesswoman who once ran for a seat at a council election scored a victory in her fight to get a $1.2m compensation payout. But she’s also been left with some costly expenses.

Heidi Ward is suing the State of Queensland for $1.2m.

A freshly unemployed Airlie Beach waitress and business owner has scored some victories in her fight to get a $1.2m payout from the Queensland Police Service.

But Heidi Michelle Ward will have to front the state’s costs from the latest Mackay Supreme Court hearing after most of her applications were dismissed.

There were tense exchanges between Ms Ward and Justice Graeme Crow during the judicial review on Wednesday.

Heidi Michelle Ward outside court in 2023.

When Justice Crow asked her to stand while addressing him, she replied: “I’m a victim of DV and I’m not going to be spoken to like that.”

She also described parts of the law as “dubious to say the least”, blamed the state of Queensland for her losing her job and described the civil case that she initiated as “a detrimental rollercoaster”.

Ms Ward, who contested the Division 2 seat at the 2020 Whitsunday council election, was arrested and charged with assaulting a security guard over an incident in December 2019 in and near the Airlie Beach Hotel.

She represented herself during a single-day trial in Mackay District Court in May 2021 – a jury took 12 minutes to find her not guilty and Judge Brad Farr labelled it “one of the most trivial matters I’ve ever encountered in my 30-odd years in the law”.

In August 2022, Mrs Ward filed a damages claim in Mackay Supreme Court against the QPS totalling $1,289,283 over allegations including malicious prosecution, excessive force, negligence and false arrest.

Many of the legal applications Ms Ward made during the latest hearing centred on lawyers representing the state of Queensland, acting on behalf of the QPS, being late to comply with previous court orders and filing certain documents past the agreed deadline.

Justice Crow: “Your submission is that because they were late … I should strike out their evidence so the matter will proceed to trial with only your evidence, and nothing from the (state of Queensland)?”

Ms Ward: “Well they’ve got the USB stick and the other evidence they got in on time.”

Justice Crow: “So you win (the case), because they are a bit late?”

Ms Ward: “No, they are not just a bit late, they are two months late.”

Heidi Ward is an Airlie Beach business owner and waitress.

In another exchange on the same issue, Ms Ward used a this analogy.

“The 4 o’clock boat leaves at 4 o’clock. If they are ordered to file by a certain date, it would have been really nice if that happened and we wouldn’t be here in the first place,” she said.

Justice Crow replied: “Your logic is impeccable, but the rules still require that where there is a breach, certain things must happen, and you haven’t done it.”

Justice Crow ultimately dismissed Ms Ward’s application.

She said the state’s legal team filing documents late had slowed her case’s progress, resulting in her needing more time off work and ultimately losing her job.

She said she only had $3000 in her account – she wanted to proceed with a case mediation session, but said she could not cover the $6000 total cost.

Barrister Daniel Favell, acting for the state of Queensland on behalf of the QPS, said the state would cover 90 per cent of the mediation costs.

“The offer from the state is very unusual and generous,” Justice Crow told Ms Ward.

Ms Ward accepted the deal and a mediation session will be held in Mackay at a later date. The case has no future Supreme Court listing, pending the outcome of the mediation.