Wallaby Grip Limited v QBE Insurance (Australia) Limited; Stewart v QBE Insurance (Australia) Limited [2010] HCA 9 (30 March 2010)
Compulsory common law coverage in Queensland only commenced on 1 July 1963. In cases where injuries are latent and for instance, in occupational mesothelioma injuries where the exposure to asbestos occurred before this date; the proof of the existence of [...]

Clement v Backo & Suncorp Metway Insurance Ltd [2007] QCA 81
 
Further to my earlier posting re: the amendments to the Civil Liability Act 2003 (Qld) reinstating “Sullivan v Gordon damages” [1999] NSWCA 338, it is useful to step back and review the above decision, which provides an excellent summary of the principles for this award [...]

Palmer & Anor v Finnigan & Ors [2010] QSC 86
Further to my earlier posting regarding this decision; the matter returned in respect of costs and more particularly in respect of costs as between the defendants and third parties, and whether a ‘Sanderson’ or ‘Bullock Order’ was appropriate.
The plaintiff was ordered to pay the defendants costs [...]

Mallesons Stephen Jaques
3 March 2010
 The expert panel on the proposed reforms to the unconscionable conduct and franchising provisions of the Trade Practice Act (TPA) has today released its report to the Government. The Government has announced that it agrees with the expert panel’s recommendations and paved the way for “the most sweeping reform” in this [...]

Media Release
Thursday, March 25, 2010
 Government announces review into CTP scheme
 In State Parliament today, Treasurer Andrew Fraser said the Government has directed the scheme regulator Motor Accident Insurance Commission (MAIC) to conduct a review into the state’s Compulsory Third Party (CTP) scheme.
Mr Fraser said CTP levels today were lower than those of 2003, but a review [...]

Further to my earlier posting re: the above discussion paper, I refer you to the QLS submission (attached) and forwarded to the Department in response.
Reproduced with permission.
Brisbane Barrister – David Cormack

A very helpful summary of the Civil Liability and Other Amendment Act 2003 (Qld) and table of indexed General Damages pre/post 1 July 2010, together with a snapshot of cases for the past year by Steve Herd (Senior Associate) of Murphy Schmidt Solicitors:
Case Law and Legislation Update – SPH
Reproduced with permission.

Hartnett v Hynes [2010] QCA 65
The facts concern a partnership dispute.
His Honour Muir JA delivered the leading judgment of the court with their Honours Daubney and P Lyons JJ concurring.
The principle as what amounts to a fresh cause of action as opposed to a material fact to be provided was usefully summarised as follows:
[34]
There is [...]

Nichols v Curtis and QBE Insurance (Australia) Limited (No 2) [2010] QDC 99
 
I refer to my earlier posting concerning this decision. The matter returned to his Honour Andrews SC in respect of costs where the defendant did not beat the plaintiff’s mandatory offer in the pre-proceedings.
His Honour found:
[16] The test in s 55F(7) requires the [...]

McKay v McKay and Anor [2010] QSC 84
I refer to my earlier posting regarding the jurisdiction of the court in respect of sanctioning compromises or settlement for persons under a legal disability pursuant to section 59 of the Public Trustee Act 1978 (Qld).
In this instance, her Honour Margaret White in an ex tempore decision held [...]