Holland v Kachel & QBE Insurance (Aust) Ltd [2010] QDC 287
CATCHWORDS:
DAMAGES – NEGLIGENCE – PERSONAL INJURY –
motor vehicle accident – application of s.146 of the Transport Operations (Road Use Management – Road Rules) Regulation – whether the collision occurred on a ‘road’ or a ‘road related area’ – application of s.74 of the Transport Operations [...]

Wilson v Lambkin [2010] QDC 254
Catchwords
NEGLIGENCE – CLAIM FOR DAMAGES – PERSONAL INJURY – LIABILITY – QUANTUM – where licensed driver collided with off road object – duty of care of inexperienced licensed driver – learner driver – driver training – numerous laps of isolated bushland road – whether “dangerous recreational activity” occurred – whether [...]

Blundstone v Johnson & Anor [2010] QCA 148
I refer to my earlier posting of the first instance decision and refer you to the appeal decision refusing leave.
HOLMES JA:
[15] The applicants contended that the learned primary judge had erred in proceeding on the premise that the discretion under s 57(2)(b) was unfettered. Their basis for that [...]

I refer to my earlier posting and the QLS update.
The amendments commence on 1 July 2010.
Brisbane Barrister – David Cormack

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 the [...]

Etemovic v Baulderstone Hornibrook Qld Pty Ltd [2010] QSC 141
The plaintiff sought to join an existing third party as the second defendant in circumstances where as against the third party the limitation period had expired and they had not complied with the pre-court compliance as prescribed by the Personal Injuries and Proceedings Act 2002 (Qld) (“PIPA”). The third [...]

Till v Nominal Defendant [2010] QSC 121
 
The application regarding Mr Till’s capacity was brought by his lawyer in circumstances where Mr Till refused to be examined by a psychiatrist to determine capacity.
The principal question was whether there was jurisdiction to intervene and if so on what basis. The incident giving rise to the claim was [...]

Vos v Hawkswell & Anor [2010] QCA 92
 
I refer to my earlier posting regarding the primary findings on fact and the rationale for it by his Honour Searles DCJ.
The appeal principally centred on accepting the factual and credit findings of his Honour Searles DCJ and then applying Rains v Frost Enterprises Pty Ltd [1975] Qd [...]

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 [...]

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.