Month

February 2010
Further to my earlier posting regarding discussion of potential changes to common law damages in Workers’ Compensation  matters, the Hon C.R Dick’s speech in parliament on 23 Febraury 2010, I refer you to the Department of Justice and Attorney-General’s discussion paper The Queensland Workers’ Compensation Scheme: Ensuring Sustainability and Fairness. I draw your attention to the closing date for submissions is Wednesday the...
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Courier Mail UPDATE: IN an unprecedented act, the state’s top judge has responded to public anger over a decision to cut the Brisbane bikeway rapist’s jail term. The Chief Justice Paul de Jersey urged the public to carefully read the full Court of Appeal judgment before condemning a decision to reduce the “bikeway rapist” Luke Colless’s...
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Balnaves v Smith & Anor; Malone v Smith & Ors [2010] QSC 39 A boating collision occurred on the Coomera River on 23 February 2002, at 2:40pm on a bend of the river. Three people were badly injured, including Mr Smith an employee of Coomera House Boats Pty Ltd and the Mr Balnaves and Mr Malone...
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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...
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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...
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Australian Securities and Investments Commission v Lindberg (No 2) THE corporate regulator has been handed the opportunity to continue its fight against former Australian Wheat Board director Andrew Lindberg. Read more in theNewLawyer and reproduced with permission. Note discussion on the inherent power in respect of abuse of process and considerations of prejudice in concurrent...
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Hamilton Island Enterprises Ltd & Anor v Johnston [2010] QCS 38   Civil proceedings for damages for breach of contract of employment, conversion, or alternatively equitable compensation had been first commenced. Subsequently, 22 police charges under the Criminal Code 1899 (Qld) relating to the applicant’s employment were laid with a further 14 charges shorlty before the application. An ...
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I refer to my earlier posting regarding the refusal of the Federal Court to convene a shareholders meeting re: CSR’s proposal to demerge, with particular consequences for its asbestos liabilities. Leave to appeal to the Full Federal Court has been granted and will be heard on 29 and 30 March 2010. Brisbane Barrister – David...
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Mr Kiernan Damian Dorney QC, Mr Richard Stephen Jones, Mr Brian Anthony Harrison and Mr David Andrew Reid have been appointed Judges of the District Court of Queensland.   The swearing-in ceremony will take place in the Banco Court at 9.15am on Monday, 22 February 2010.
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McCullough Robertson Lawyers The Queensland Civil and Administrative Tribunal On 1 December 2009, the Queensland Civil and Administrative Tribunal (QCAT) opened its doors for business. In what has been described as ‘the biggest shake up in Queensland’s judicial system for 50 years’, 18 independent tribunals have been consolidated into one. QCAT is modelled on the...
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