Month

August 2010
Griffiths v State of Queensland [2010] QSC 290 CATCHWORDS INDUSTRIAL LAW – INDUSTRIAL SAFETY HEALTH AND WELFARE – QUEENSLAND – WORKPLACE HEALTH AND SAFETY LEGISLATION – LIABILITY – where the plaintiff claims for damages for personal injury incurred during the course of her employment – where the plaintiff was injured when a soda lime canister...
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Tregelles-Fox v WorkCover Queensland [2010] QSC 288 CATCHWORDS: LIMITATION OF ACTIONS – EXTENSION OR POSTPONEMENT OF LIMITATION PERIODS – EXTENSION OF TIME IN PERSONAL INJURIES MATTERS – GENERALLY – where the plaintiff has applied for an extension of the limitation period relating to his claim for personal injuries said to have been suffered in a...
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Aktas v Westpac Banking Corporation Limited & ANOR [2011] HCA 25 I refer you to the High Court’s media statement which succinctly summarises why the appeal was allowed and the defence of qualified privilege was denied.   Brisbane Barrister – David Cormack
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Foster James Pty Ltd v Dalton [2010] VSC 327 Ferguson J applied D’Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12 to dismiss the appeal against summary judgment of fees on the basis there was not an arguable defence because the advocate was entitled to immunity: 23. One of the principal issues that the High Court...
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Further to my ealier posting  regarding the above I refer you to the decision of the U.S Supreme Court. Brisbane Barrister -David Cormack
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Wicks v State Rail Authority of New South Wales; Sheehan v State Rail Authority of New South Wales [2010] HCA 22 Whilst the decision involves the interpretation of Pt 3 (ss 27–33) of the Civil Liability Act 2002 (NSW), which Queensland does not have an equivalent to; it is instructive as to the interpretation of key phrases and a...
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The objectives of the Bill are in part: reduce delivery and acquisition costs and promote greater price competition within the CTP scheme so as to deliver premium savings to motor vehicle owners. The Bill amends the Motor Accident Insurance Act 1994 (MAI Act) to cater for the State as the insurer of last resort in...
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Bradley v Woolworths Limited [2010] QSC 284 CATCHWORDS: TORTS – NEGLIGENCE – DANGEROUS PREMISES – INJURIES TO PERSON ENTERING PREMISES –Where the applicant alleges she slipped and fell in the fruit and vegetables section of the respondent’s supermarket – where the applicant has given Notice of Claim to the respondent pursuant to the Personal Injuries...
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Brady v Woolworths Ltd (No 2) [2010] QDC 289 CATCHWORDS: CIVIL PROCEDURE – DISCOVERY AND INTERROGATORIES – PRODUCTION AND INSPECTION OF DOCUMENTS – whether the applicant can be excused for disclosing surveillance material to the plaintiff prior to trial – whether the applicant can be excused from disclosing further expert opinion on the surveillance material....
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Foster v Claybourn’s Discount Tiles P/L & Anor [2010] QDC 290 Catchwords Personal injuries suffered by plaintiff in motor vehicle accident – defendants’ approaching vehicle moved to its incorrect side of road – defendants denied liability on basis that cause of accident was their driver’s suffering a temporal lobe seizure, a diagnosis made months afterwards...
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