Archive for December, 2009

BLEATS NEWSLETTER – December 2009

Wednesday, December 23rd, 2009

Reproduced with permission of Bleats and as a panellist - December 2009 Newsletter:
 
Dear Panellists
We hope this newsletter finds you all well and gearing up for the Christmas festivities ahead.  We thought it would be a good idea to get in one last newsletter edition before the end of the year to advise you of a number of [...]

48th Annual Vincents’ Symposium 2010

Tuesday, December 22nd, 2009

The Symposium 2010 is to be held on 26-27 March at the Brisbane Convention and Exhibition Centre.
The full program is attached.
Personal Injuries Stream -
 
 
10:10am – 11:10am
 
Evidence v Expert Evidence
The focus of this session is on:
• Independent evidence
• Joint expert reports
• Pre-proceeding steps
• Extension of jurisdiction
• Cases
Speaker: Gerard O’Driscoll, Barrister, Queensland Bar
Chair: Joanne Rennick, Partner, MurphySchimdt Lawyers [...]

Careless drafting costs money – Fair Work Ombudsman v the Palcon Group Pty Ltd [2009] FMCA 974

Sunday, December 20th, 2009

Deacons
A recent decision of the Federal Magistrates Court illustrates how simple drafting failures, in the context of an industrial agreement, can lead to significant commercial and financial consequences.
Read more of the article by Deacons.
Reproduced with permission of Deacons in accordance with their terms and conditions, privacy and copyright statement

Using the contact list

Saturday, December 19th, 2009

Deacons
An employer has been successful in restraining a former employee and her new employer from using the old employer’s contact list in the recent decision of Prime Creative Media Pty Ltd v Vranjkovic [2009] FCA 1030.
Read more of the article by Deacons.
Reproduced with permission of Deacons in accordance with their terms and conditions, privacy and copyright statement

Causation & novus actus interveniens

Friday, December 18th, 2009

Krieger v Bundaberg City Council [2009] QSC 412
 
 
The issue in dispute [para 3]:
…whether Mr Krieger has suffered a cervical myelopathy i.e. damage to his spinal cord at the cervical level, which can be attributed either directly to the trauma of the subject incident, or indirectly eg caused in the subsequent surgery or due to micro [...]

Lucked out

Thursday, December 17th, 2009

Luck v Civil Mining and Construction Pty Ltd [2009] QSC 413
 
The plaintiff had previously received damages from judge Botting in respect of an incident in 1989, which resulted in a 15% loss of function of his thoraco-lumbar spine. The work injury the subject of the claim was agreed to have caused an additional 2% impairment. [...]

QLS Introductory Guide to Legal Services Award 2010

Tuesday, December 15th, 2009

The QLS has produced an Introductory Guide to the Legal Services Award 2010.
 
Brisbane Barrister – David Cormack

Legal update: New era for Work Health and Safety Regulation in Australia

Monday, December 14th, 2009

Deacons
The Workplace Relations Ministers’ Council has approved model provisions that will be adopted throughout Australia from 1 January 2012 as the Work Health and Safety Act.
Read more of the article by Deacons.
Reproduced with permission of Deacons in accordance with their terms and conditions, privacy and copyright statement

Stephen Keim SC awarded the 2009 Human Rights Medal

Sunday, December 13th, 2009

Queensland human rights advocate and barrister Stephen Keim SC has been awarded the 2009 Human Rights Medal by the Australian Human Rights Commission.
 
Read more in Lawyers Weekly.

HCA – classification/assessment of gratuitous payments & assessment of damages

Friday, December 11th, 2009

Zheng v Cai [2009] HCA 52 (9 December 2009)
The central issue on appeal was whether charitable payments to the injured plaintiff for living and other expenses in her capacity as a volunteer with her church (“Assembly”) should reduce her damages.
 
The court comprised of FRENCH CJ, GUMMOW, CRENNAN, KIEFEL AND BELL JJ and delivered a unanimous decision [...]

David Cormack, Barrister