Green v Taylor [2010] QDC 298 CATCHWORDS: LIMITATION OF ACTIONS – EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS – EXTENSION OF TIME IN PERSONAL INJURIES MATTERS – KNOWLEDGE OF MATERIAL FACTS OF DECISIVE CHARACTER – GENERALLY – where the applicant has applied under section 31 of the Limitations of Actions Act 1974 (Qld) for the limitation [...]

 Civil and Criminal Jurisdiction Reform and Modernisation Amendment Bill   The Bill was passed on 3 August 2010, but is yet to be proclaimed. I refer you to the objectives of the Bill in the explanatory notes:   Objectives of the Bill   The objectives of the Bill are to: • expand the jurisdiction of [...]

Griffiths v State of Queensland [2010] QSC 290 CATCHWORDS INDUSTRIAL LAW – INDUSTRIAL SAFETY HEALTH AND WELFARE – QUEENSLAND – WORKPLACE HEALTH AND SAFETY LEGISLATION – LIABILITY – where the plaintiff claims for damages for personal injury incurred during the course of her employment – where the plaintiff was injured when a soda lime canister [...]

Tregelles-Fox v WorkCover Queensland [2010] QSC 288 CATCHWORDS: LIMITATION OF ACTIONS – EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS – EXTENSION OF TIME IN PERSONAL INJURIES MATTERS – GENERALLY – where the plaintiff has applied for an extension of the limitation period relating to his claim for personal injuries said to have been suffered in a [...]

Wicks v State Rail Authority of New South Wales; Sheehan v State Rail Authority of New South Wales [2010] HCA 22 Whilst the decision involves the interpretation of Pt 3 (ss 27–33) of the Civil Liability Act 2002 (NSW), which Queensland does not have an equivalent to; it is instructive as to the interpretation of key phrases and a [...]

Bradley v Woolworths Limited [2010] QSC 284 CATCHWORDS: TORTS – NEGLIGENCE – DANGEROUS PREMISES – INJURIES TO PERSON ENTERING PREMISES –Where the applicant alleges she slipped and fell in the fruit and vegetables section of the respondent’s supermarket – where the applicant has given Notice of Claim to the respondent pursuant to the Personal Injuries [...]

Brady v Woolworths Ltd (No 2) [2010] QDC 289 CATCHWORDS: CIVIL PROCEDURE – DISCOVERY AND INTERROGATORIES – PRODUCTION AND INSPECTION OF DOCUMENTS – whether the applicant can be excused for disclosing surveillance material to the plaintiff prior to trial – whether the applicant can be excused from disclosing further expert opinion on the surveillance material. [...]

Foster v Claybourn’s Discount Tiles P/L & Anor [2010] QDC 290 Catchwords Personal injuries suffered by plaintiff in motor vehicle accident – defendants’ approaching vehicle moved to its incorrect side of road – defendants denied liability on basis that cause of accident was their driver’s suffering a temporal lobe seizure, a diagnosis made months afterwards [...]

I draw your attention to the QLS update (03/08/2010): From 1 July 2010, section 292 was amended to include mandatory offers between claimants, WorkCover (and self insurers) and third parties. Joint offers can also be made. In some cases, WorkCover has made a joint offer with the claimant to the third party to encourage earlier [...]

Taylor v Invitro Technologies Pty Ltd [2010] QSC 282 CATCHWORDS: TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – IN GENERAL – where the plaintiff was employed by the defendant and worked at a work station comprised of a partitioned area containing a desk and a chair – where the [...]