Queensland Consolidated Acts Queensland Consolidated Acts(1) Subject to the provisions of this section, each of the parties to a marriage shall have the like right of action in tort against the other as if they were not married.
(2) Where an action in tort is brought by one of the parties to a marriage against the other during the subsistence of the marriage, the court may stay the action if it appears that no substantial benefit would accrue to either party from the continuation of the proceedings.
(3) In subsection (1)--
parties to a marriage includes reference to persons who were parties to a marriage that has been annulled or dissolved.