Month

March 2010
Wright v KB Nut Holdings Pty Ltd [2010] QDC 91    The application before his Honour McGill DCJ sought information and documents pursuant to sections 27(1)(b)(i) and 35(1) of the Personal Injuries Proceedings Act 2002 (Qld) (“PIPA”). The contest involved to what degree the respondent/defendant is required to provide information and/or documents of previous incidents...
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In a decision with important implications for employers, the Full Bench of Fair Work Australia (FWA) recently confirmed that the use of set-off clauses in contracts of employment is not inconsistent with modern awards.1 Set-off clauses in employment contracts operate so that over-award earnings are set-off against specific requirements in an award. Prior to the...
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Woolworths Limited v Shop Distributive & Allied Employees Association (Queensland Branch) Union of Employees [2010] FCAFC 29    The Full Federal Court dismissed Woolworth’s appeal and held “ordinary rate being paid” in the context of long service leave entitlement pursuant to a collective agreement; included additional rates for regular non-rotating afternoon shifts, regular non-rotating night...
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Gibbings-Johns v Corliss (No. 2) [2010] QSC 78   Further to my earlier posting regarding this case, his Honour Justice McMeekin considered whether costs should be ordered on a standard or indemnity basis, having regard to the mandatory offer required by s 39 of the Personal Injuries Proceedings Act 2002 (“the Act”) and subsection 40(8)...
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A reminder the Symposium is on next Friday and Saturday. The program is attached. In respect of the session I am Chairing on Friday regarding “Recent Legislative Changes and Case Update on Quantum and Liability”  between 2:00pm – 3:30pm, please note the topic of “Fatal Accidents” will now be presented by Mr Graeme Crow of...
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Further to my earlier posting I note the date for submissions closes next Wednesday the 24th of March 2010. Submissions should be directed to: The Director Workers’ Compensation Policy Unit Department of Justice and Attorney-General GPO Box 69 BRISBANE QLD 4001 email: wcpolicy@justice.qld.gov.au Fax: (07) 3247 4519 Brisbane Barrister – David Cormack
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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...
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Perpetual Trustee Company Limited v Cowley & Anor [2010] QSC 65   Douglas Laing McClelland acted for defendants in setting aside a default judgment for mortgagee seeking a warrant for possession. The judgment was set aside and leave file a defence. In support of the application the defendants solicitor swore an affidavit and filed it by leave: [57]...
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Dickson v Australian Associated Motor Insurers Limited [2010] QSC 69 An application was made asserting the compromise reached and sanctioned by the court was not binding on the plaintiff and voidable on the basis the court did not have jurisdiction to sanction the settlement. The applicant’s submission as to jurisdiction [30] Mr Grant-Taylor SC who...
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17 March 2010 | by Kate Gibbs NEW and improved standards for graduate lawyers entering the work force may be good news for them, but insiders fear the new Legal Services Award means more pay, but less work. Read more in theNewLawyer and reproduced with permission.
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