Month

August 2010
Allens Arthur Robinson  In brief: The far-reaching personal property securities reform is due to come into force in May 2011 and companies with significant intellectual property assets will be affected by the sweeping changes the new legislation will bring to Australia’s commercial law. Partners Diccon Loxton (view CV) and Tim Golder (view CV), Special Counsel...
Read More
Allens Arthur Robinson The Queensland Supreme Court has confirmed that evidence of conduct, after the date of a contract, is not admissible to assist in the construction of a contract; but it is admissible to assist in determining whether a contract has been varied. As to the content of that variation, the court applied the...
Read More
Thornton v Lessbrook Pty Ltd [2010] QSC 308 CATCHWORDS DAMAGES – MEASURE OF DAMAGES – FATAL ACCIDENTS LEGISLATION – action by de facto partner over death of fiancé in aircraft accident – assessment of pecuniary loss where the deceased was likely to maintain her career and earn more than the plaintiff – contingencies – possibility...
Read More
Blind v Hertess [2010] QDC 322 CATCHWORDS: LIMITATION OF ACTIONS – CONTRACTS, TORTS AND PERSONAL INJURIES – where the limitation period for an action for damages for personal injuries to the plaintiff/applicant allegedly caused by her doctor’s negligence – whether the material fact of a decisive character was within the plaintiff/applicant’s means of knowledge –...
Read More
  Further to my earlier posting the start dates for various parts of the Bill were proclaimed on 26 August. A number of incidental amendments commence on 1 September, with the substantial changes to the criminal law jurisdiction and financial jurisdiction of the civil courts to commence on 1 November 2010.   Brisbane Barrister –...
Read More
Brannock v Jetstar Airways P/L [2010] QCA 218 CATCHWORDS: AVIATION – CARRIAGE BY AIR – CARRIER’S LIABILITY – DEATH OR PERSONAL INJURY OF PASSENGER – ON DOMESTIC FLIGHT– where passenger directed by flight staff to descend stairs to tarmac to board aircraft – where passenger could not find exit door – where passenger fell down...
Read More
Chapman v University of Southern Queensland Student Guild [2010] QDC 318 CATCHWORDS EMPLOYEE’S WORKPLACE INJURY – trivial incident – no negligence – prima facie breach of statutory duty – defence under Workplace Health and Safety Act – assessment of damages. Issues The trial preceded the amendment to the Workplace Health and Safety Act 1995 (QLD)...
Read More
Attached: Blog update.index Just click on the item of interest in the Table of Contents. Brisbane Barrister – David Cormack
Read More
Laresu Pty Ltd v Clark [2010] NSWCA 180 Catchwords TORTS – negligence – occupier’s liability – whether owner of commercial premises delegated to managing agent its duty of care as occupier of common property – whether managing agent an occupier of common property – plaintiff injured in fall on unlit stairs – whether breach of...
Read More
Phillips v Amaca  O’MEALLY P, where liability was admitted gave judgment against Amaca Pty Limited (formerly James Hardie & Coy Pty Limited) to a 60 year old plaintiff for $797,461.19, together with indemnity costs from 18 June 2010 as follows: General damages $250,000.00 Interest on past general damages $750.00 Loss of expectation of life $27,500.00...
Read More
1 2 3 4

Recent Comments

    Categories