See attached: Industrial and Workolace  Relations Conference 2 & 3 June 2010  Presenting on the second day: The civil and criminal regime for unpaid wages Brisbane Barrister – David Cormack

31 May 2010 | by Nick Weston Nick Weston, the principal of law firm and trade marks attorneys, Nicholas Weston, comments on this month’s High Court decision in which brewing giant Lion Nathan has been forced to change one of its trademarks.   Read more in theNewLawyer and reproduced with permission. See also: High Court’s media [...]

Corkery & Ors v Kingfisher Bay Resort Village Pt Ltd & Anor [2010] QSC 161 The plaintiff Mr Corkey was injured before the introduction of the Personal Injuries Procedure Act 2002 (Qld), when he slipped down stairs on the outside of his villa at the defendant’s resort, whilst it was raining. The second plaintiff’s claim [...]

Suncorp Metway Insurance Limited v Sichter and Ors [2010] QSC 164 The plaintiff was standing adjacent to a wheelie bin on the footpath when the garbage collection truck moved towards the property and pulled up adjacent to the wheelie bins. The truck was stationary and the mechanical lifting mechanism was engaged to lift and empty [...]

Legal Services Commissioner v Wright [2010] QSC 168 The Legal Services Commissioner brought an original application for the provision of an itemised account in the circumstances of a family law settlement, where the other party (Ms Anderson) had the benefit of the transfer of property, but was not the client of the solicitor upon whom [...]

The decision his Honour Wall S.C DCJ De Bray v Cohen;Macefield Pty Ltd v Cohen [2008] QDC 275 and the subsequent appeal are worth noting with respect to the unique nature of the Justices Act 1886 (Qld) and it’s requirements Cohen v Macefield P/L & Ors [2010] QCA 95. Brisbane Barrister – David Cormack

Kerkow v BCP Holdings P/L [2010] QDC 209   The defendant sought independent medical examinations after initially not requiring them before the compulsory conference. The defendant’s position was compounded by the failure to lead evidence as to the need for the examinations: Andrews DCJ ( ex tempore): It has been submitted for the defendant that [...]

I refer you to yesterday’s Hansard and the excerpt below in respect of the amendments. I draw your attention to the retrospective amendment to the Workplace Health and Safety Act 1995 in the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2010: 37A No civil cause of action based on contravention of Act ‘No [...]

On 17 May 2010, the Productivity Commission released an Issues Paper to consider a national disability care scheme. Submissions close by 30 June 2010.   Brisbane Barrister – David Cormack

I refer you to an article appearing in the Sunshine Coast Daily.  Section 533 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) makes it an offence to defraud WorkCover, including returning to a ‘calling’ and in this case exaggeration for returning to competition surfing. Section 534 makes it an offence for false and misleading [...]