Month

October 2010
 Carver & Anor v Hill t/a AJ & MJ Hill’s Removals [2010] QDC 401 The defendants entered upon the plaintiff’s land for the purpose of transporting a house to an adjourning block and in the process caused damage to the vegetation. In dispute was the quantum of the damage and the wilfulness of the trespass....
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Nichols v Curtis & Anor [2010] QCA 303 I refer to my earlier posting on the trial decision and costs. The issue on appeal was past loss of income, which his Honour Andrews J awarded no allowance. McMurdo P and Chesterman JA concurred with Fraser JA allowing the appeal and past loss of income in...
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Norton Rose Introduction Recent decision A timely reminder by Murray Procter and Kristin Gamble A recent decision has highlighted the need for employers to comply with their anti-discrimination obligations during interviews with prospective employees, or risk potential litigation. Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.
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Further to my earlier posting concerning the Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010, the Queensland Industrial Relations Commission (QIRC) assumes responsibility for appeals against review decisions of Q-Comp on 1 November 2010. I refer you to the QLS note publishing President Hall’s procedures for the transition. Brisbane Barrister – David Cormack
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Further to my earlier posting concerning the increase in jurisdiction following the Moynihan reforms – Civil and Criminal Jurisdiction Reform and Modernisation Amendment Act 2010. Brisbane Barrister – David Cormack
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Allens Arthur Robinson In this issue: Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments regarding copyright, trade marks, patents and anti-counterfeiting. Copyright There is no copyright in this headline YouTube finds safe harbo(u)r in US copyright law ISPs in the spotlight again: iiNet...
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Allens Arthur Robinson The UK Court of Appeal has added to the uncertainty surrounding employers’ liability insurance for long-term illnesses, recently holding that, while mesothelioma is ‘contracted’ at the time of exposure to asbestos fibres, no illness is ‘sustained’ until a tumour develops many years later. This controversial decision is now the subject of a...
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Fair Work Ombudsman v Roselands Fruit Market Pty Ltd & Anor [2010] FMCA 599 (21 October 2010) Catchwords: INDUSTRIAL LAW – Shop Employees (State) Award and annual holidays loadings – breach – civil penalty – consideration of matters relevant to penalty.   Issue: Penalty hearing in relation to contraventions of the Workplace Relations Act for...
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Husband v Hikari (No 42) Pty Ltd [2010] QSC 398 The only issue was quantum and in particular the impact of pre-existing degeneration and an employment history with short durations for each job. In considering the level of proof required his Honour McMeekin J held: [29] The significant matters to bring into account in the...
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Shaw v Menzies and Suncorp Metway Insurance Limited [2010] QSC 390 Issues: Both liability and quantum were in issue. The facts involved the plaintiff travelling on a motorcycle and colliding with a truck executing a left turn. The plaintiff on his version was trying to accelerate to move in front  of the truck so as...
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