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 [...]

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.

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 [...]

Rogers v Vasicek & Anor [2010] QSC 72 This decision of his Honour Justice Jones is a reminder that the factual findings drive determinations of negligence and if not proved it does not enliven the duty of care. The contest was between oncoming truck drivers who alternatively alleged each other had crossed over to the [...]

Boulter v Batten and Suncorp General Insurance Limited [2010] QDC 56   An application was brought by the defendants to strike out the Statement of Claim for want of compliance with Part 4, Division 5A of the Motor Accident Insurance Act 1994 (Queensland) (“Act”), namely the holding of compulsory conference and provision of a certificate of [...]

Bramble v Suncorp Metway Insurance Limited [2010] QDC 47   The applicant sought to extend the limitation periods pursuant to section 57(2)(b) of the Motor Accident Insurance Act 1994 (Qld) (“MAIA”). In rejecting the application his Honour Dorney QC applied Kelvin John Best and I & G Selke Pty Ltd v Suncorp Metway Insurance Limited [...]

McAlister v Nominal Defendant [2010] QDC 36 Pursuant to section 57(2)(b) of the Motor Accident Insurance Act 1994 (“the Act”) the applicant sought to commence proceedings within 60 days of one of three nominated events occurring, one of which being the holding of a conference pursuant to ss 51A and 51B of the Act and [...]

Nichols v Curtis and QBE Insurance (Australia) Limited [2010] QDC 34 Liability was agreed to be reduced by 40% because of intoxication. The plaintiff was a backseat passenger when the vehicle collided with fencing and a shed. She sustained a laceration to the left side of her face. The additional neck injury claimed was disputed [...]

Terranova v Joseph & Anor [2009] QCA 402   Their Honours McMurdo P and Holmes and Fraser JJA dismissed both the plaintiff’s appeal and the defendants ‘ cross appeal. The contentious dispute involved the award of future economic loss of $112,301.53 discounted by 35% to $73,000.00 and standard costs.  Both the mandatory offer made pursuant [...]

Blundstone v Johnson & Anor [2009] QDC 351   The need for the application arose from the time for proceedings being missed due to a diary error by the article clerk, together with his contracting the flu and being ill for 2 weeks. Judge Devereaux S.C helpfully addressed some common issues faced in these sorts [...]