Month

April 2010
   The Hon Cameron Dick MP, Attorney-General and Minister for Industrial Relations announced on 15 April 2010, that Her Excellency, The Governor-in-Council has appointed:  The Hon Justice Margaret White to the Court of Appeal of the Supreme Court of Queensland Approved the appointment of Mr Wayne Cochrane as a full-time permanent member of the Land...
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The first part of the reforms to consumer law via the Australian Consumer Law Bill 2009 received Royal Assent and commenced on 15 April 2010, amending the Trade Practices Act 1974 and Australian Securities and Investments Commission Act 2001. The change has been to introduce civil penalties as opposed to criminal penalties of up to $1.1...
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Lehman Brothers Holdings Inc v City of Swan & Ors; Lehman Brothers Asia Holdings Limited (In Liquidation) v City of Swan & Ors [2010] HCA 11 (30 March 2010) FRENCH CJ, GUMMOW, HAYNE AND KIEFEL JJ: On 30 March 2010, the High Court dismissed the appeal of Lehman Brothers Asia Holdings Limited (Liquidation). The reasoning is now...
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Amos v Wiltshire [2010] QDC 138   The background was the plaintiff’s unsuccessful claim and appeal against Monsour Pty Ltd and others in respect of a costs order following a fraud allegation. The fraud allegation was rejected as ‘unsustainable’. The plaintiff’s claim against his barrister in the above proceedings was on the basis that the...
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The Civil and Criminal Jurisdiction Reform and Modernisation  Amendment Bill 2010 was introduced to parliament on 13 April 2010, as stage 1 of the foreshadowed amendments. The civil jurisdiction will be increased: Magistrates Court $50,000 to $150,000 District Court $250,000 to $750,000   However, the bulk of the amendments are directed to criminal proceedings and...
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JM Kelly (Project Builders) Pty Ltd v Toga Development No.31 Pty Ltd (No 4) [2010] QSC 111   A trial was scheduled for 4 weeks, commencing 10 May 2010, to narrow some of the issues in this protracted litigation, which has spanned several years. On a application by the plaintiff to amend their pleadings to...
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Kanters v State of Queensland [2010] QSC 107   Her Honour Mullins J considered a number of arguments on behalf of the plaintiff in respect of payment of the sanctioned settlement of $1.4 m following an assault in custody by unidentified assailants resulting in a severe head injury. Following the commencement of Part 12B to...
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Sheehy v Hobbs [2010] QSC 108 Sheehy v Hobbs (No 2) [2010] QSC 171  [2010] QSC 171[2010] QSC 171 The applicant suffered a fall down the stairs of the respondents on 7 March 2007 and suffered incomplete quadriplegia.  She was hospitalised in Brisbane for an extended period of time before returning to Yeppoon.  On 1...
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Barclay v The Board of Bendigo Regional Institute of TAFE [2010] FCA 284 The general protection provisions of the Fair Work Act 2009 (Cth) have been the subject of much discussion and conjecture, particularly with respect to the broadening of rights of employees. In the absence of case law, the extent to which the provisions...
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 PAJ v AAK [2010] QCA 78   Whilst the decision is primarily concerned with the repealed Criminal Offence Victims Act 1995 (Qld), and in particular additional compensation under Regulation 1A; the President, with whom their Honours Muir and Chesterman JJA agreed,  provides guidance in respect of when affidavit may be relied upon by the court. ...
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