A multi-million-dollar negligence claim over a double drowning in the Whitsundays has been settled out of court.
Yuanwei Zhang and his five-year-old son, Chenxi died at the Airlie Beach lagoon in 2018.
Mr Zhang's wife, Jie Tan, made a $4.5-million claim early last year, with her lawyers alleging the deaths of her husband and son were due to negligence of the Whitsunday Regional Council, which operates the lagoon, and Ellmill Entreprises, which provides the lifeguard service.
The parties had previously failed to reach agreement about the circumstances of the tragedy.
Documents lodged in the Supreme Court of Queensland by Ms Tan's lawyers point to a possible cause for the double tragedy.
"Mr Zhang may have suffered a medical episode which caused him to no longer be able to remain above the water."
The documents countered claims from both council and Ellmill's lawyers about Mr Zhang's competency and care for his young son.
"There is no evidence Mr Zhang's competence or lack of competence was causally connected to his and Chenxi's death".
The pair slipped under the surface of the water, and it took six minutes for someone to notice the father's body at the bottom of the lagoon.
It was a further seven minutes before the young boy's body was pulled to the surface.
Mediation late last year failed to reach a resolution, but lawyers for Ms Tan have confirmed the matter has been resolved by settlement.
The details of the settlement haven't been disclosed.
Concerns around audits and facilities
Documents lodged prior to the settlement show a number of local councils that operate lagoon facilities were contacted by Ms Tan's lawyers.
Among them was the Brisbane City Council, which was asked about plans and engineering for its public swimming facility at Southbank, as well as queries about depth signage, and floating barriers.
Those final two issues were flagged as potential areas for improvement at the Airlie Beach lagoon in a consultant's report to the Whitsunday Regional Council.
The documents also allege that the Whitsunday Regional Council failed to carry out regular risk assessments for the lagoon.
It's alleged regular audits haven't been done on an annual basis since the facility opened in 2001.
Guards were stationed on a bridge across the lagoon at the time the pair drowned, but questions were asked about whether their conduct and patrols were adequate.
Lawyers for Ellmill Entreprises said the bridge was the only elevated position and the guards were facing opposite directions and regularly scanning.
A lifeguard tower was installed at the lagoon in 2019 – months after the drownings.
The documents said one of the lifeguards approached 5-year-old Chenxi before he drowned and was satisfied that he was being properly supervised and that lifeguards observed that Mr Zhang was smiling and seemed a competent swimmer.
Criminal case still pending
Separate legal action brought by Workplace Health and Safety has been heard in Proserpine.
It's alleged the Whitsunday Regional Council failed to ensure the health and safety of persons was not put at risk from its operations of the lagoon and that its failure exposed persons to a risk of death or serious injury.
Two charges of failing to comply with its primary duty of care under the Work Health and Safety Act.
Lawyers for the council asked for those charges to be struck out, arguing the council had been charged under the wrong legislation.
A decision on that application has been reserved.
