Month

November 2009
Honour v Faminco Mining Services Pty Ltd as Trustee for the Faminco Trust (In Liquidation) & Anor [2009] QCA 352   The principal dispute in respect of the expired limitation period was when the plaintiff’s knowledge as to the material fact became decisive and within the plaintiff’s knowledge. The appellant’s agitated in large part and...
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THE Queensland Parliament passed laws last week referring its IR powers to Canberra, despite the Liberal National Party voting against the bill. Read more in theNewLawyer and reproduced with permission. See ealrier posting in relation to the referral legislation. Brisbane Barrister – David Cormack
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C.A.L. No 14 Pty Ltd v Motor Accidents Insurance Board; C.A.L. No 14 Pty Ltd v Scott [2009] HCA 47 (10 November 2009) Mr Scott’s wife commenced a claim against the hotel and Licensee (consolidateed – CAL No 14 Pty Ltd) for the death of her husband following a motor vehicle accident after drinking at their...
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Syben v Mackay TFS Pty Ltd [2009] QSC 367 His Honour Jones J considered for the first time section 308C of Workers’ Compensation and Rehabilitation Act 2003, in respect of “gratuitous services” under s 308A. The decision is of interest in respect of the award of General Damages and gratuitous services. It highlights the difference...
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Vos v Hawkswell & Anor [2009] QDC 332   His Honour Searles DCJ found against the plaintiff 100% in a claim for personal injuries following a motor vehicle accident. The decision is helpful in its summary of the general principles when considering motor vehicle accidents:   [32] Despite my acceptance of the defendant’s version of events as...
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I refer to my earlier posting in respect of COVA and note the following recent decisions: 348 Cox v Goodwin [2009] QDC 348 Rafter SC DCJ 12/11/2009 347 Kane v Horne [2009] QDC 347 Rafter SC DCJ 12/11/2009             340 S v S [2009] QDC 340 Everson DCJ 6/11/2009 339...
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The Minister for Financial Services, Superannuation and Corporate Law, Chris Bowen MP, today (06/11/2009) welcomed the agreement reached at the Ministerial Council for Corporations (MINCO) meeting in Sydney on the next step in reform of directors’ liability provisions.   Read more in the media briefing.   Brisbane Barrister – David Cormack
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On 6 November the Bill received assent; however, some provisions are yet to be proclaimed. It transfers responsibility for regulating mortgage credit and advice, margin loans and trustee companies, from the States & Territories to the Commonwealth.   Brisbane Barrister – David Cormack.
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The Brisbane Federal Court has ordered more than $1 million in total penalties against two truck retailers and three individuals in proceedings brought by the Australian Competition and Consumer Commission for price fixing and market sharing.   Read more in the ACCC media release.
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On 9 October 2009, Fair Work Australia (FWA) handed down its first decision concerning legal representation in unfair dismissal proceedings. In Rogers v Hunter Valley Earthmoving Company Pty Ltd, Hunter Valley Earthmoving Company Pty Ltd (Employer) was denied access to legal representation in arbitration proceedings. Read more in Minter Ellison’s Alert and reproduced with permission...
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