Month

March 2010
Further to my earlier posting the Civil Liability and Other Legislation Amendment Bill 2009 received Royal Assent on 17 March 2010. Brisbane Barrister – David Cormack
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European Bank Limited v Robb Evans of Robb Evans & Associates [2010] HCA 6   The central dispute concerned the ‘remoteness’ of compensation of $1,251,088.33 ordered by His Honour Gzell in respect of an undertaking given as to damages in litigation. The Court of Appeal upheld the appeal on the basis that Gzell J had erred...
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Imhoff v Lotherington [2010] QDC 82   An offer was renewed by mistake when the wrong letter was attached to an email the day before the trial. The attachment was a previously expired offer, however the ‘macro’ in the letter re-populated the date on the offer when printed. The magistrate ultimately entered judgment on the...
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Further to my earlier posting the Personal Property Securities (Corporations and Other Amendments) Bill 2010 has been introduced to the Commonwealth parliament.  The Bill amends the Corporations Act and the PPS Act, together with a number of consequential amendments to other legislation. Brisbane Barrister – David Cormack
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16 March 2010 | by The New Lawyer  Middletons’ workplace relations and safety partner, Kathy Dalton, wipes away all misconceptions and shows what in-house counsel really do need to be aware of under the new rules  “A breach of award conditions can attract civil penalties of up to $33,000 for a corporate employer and individuals...
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Attached: KEANE J (valedictory speech) 16 03 10 The Swearing-in Ceremony for The Honourable Patrick Keane as Chief Justice of the Federal Court of Australia will be held in Brisbane on Monday, 22 March 2010.   The sitting will be held at 9.30am in Court 1, Level 7, Federal Court of Australia.
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 Palmer & Anor v Finnigan & Ors [2010] QSC 64 Her Honour Justice Lyons dismissed the claim of the plaintiff on the basis the defect was “hidden” and there was no duty on the defendants inspect for such latent faults. The facts were uncontroversial. The injured plaintiff was at the home of the first and second...
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  WorkCover Queensland v Amaca Pty Ltd & Anor [2010] HCATrans 48 (12 March 2010) Public Trustee of Queensland v Fortress Credit Corporation (Aus) 11 Pty Ltd & Ors [2010] HCATrans 49 (12 March 2010) Selected Seeds Pty Ltd v QBEMM Pty Limited & Ors [2010] HCATrans 50 (12 March 2010) Spain v Workcover Queensland...
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Attached is the Special Leave applications list which was heard today. I refer to my earlier postings in the following matters and note: WORKCOVER QUEENSLAND v AMACA PTY LTD (ACN 000 035 512) & ANOR – Leave granted to Workcover SPAIN v WORKCOVER QUEENSLAND & ANOR– Leave refused to Spain MARTINEK HOLDINGS PTY LTD (ACN...
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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...
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