Month

January 2011
Aktas v Westpac Banking Corporation Limited [2010] HCA 47 (15 December 2010) I refer to my earlier posting. The matter returned to the High Court in relation to costs. The judgment is short and swift as to why, despite a favourable offer which was not bettered, the court would not recall its order and consider...
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Darling Downs Foods Pty Ltd v Bovis Lend Lease Pty Ltd & Ors [2010] QSC 409 Allens Arthur Robinson The Supreme Court of Queensland has followed the High Court and affirmed that the designer or builder of commercial premises owes no duty of care – in respect of pure economic loss arising from defects in...
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Miles v Brisbane City Council [2010] QDC 501 R Jones DCJ Liability [2] The plaintiff was employed by the defendant as a bus driver. On 28 June 2006, in the course of his employment, the plaintiff was working a shift which commenced at 11 am and was scheduled to finish at about 9 pm that...
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For those residential dwelling properties affected by the floods and under contract, I refer you to section 64 of the Property Law Act and Christensen et al, Land Contracts in Queensland – Risk of subject matter (pp 184-192), Georgeson v Palmose & Anor (1962) 106 CLR 578 and Cruse v Mount [1933] Ch 73. PLA 64: Right...
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 Read more of the program which provides sports and recreational clubs with financial assistance as a result of the floods.  Brisbane Barrister – David Cormack
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 Attention is drawn to the following immediate matters which may require consideration as a consequence of the flood depending on personal and business circumstances: Leave entitlements The National Employment Standards (“NES”), applicable industrial instruments, contracts of employment and employer policies will need to be considered to determine which best governs leave entitlements; including compassionate leave,...
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Osborne v Downer EDI Mining Pty Ltd & Newcrest Mining Ltd [2010] QSC 470 A seriously injured mine-worker overcame “improbable” facts “that might have been so obscure that no conclusions could be drawn”, to defeat the combined resistance of his employer Downer EDI and mine-owner, Newcrest, in a pre-Christmas court ruling out of the Supreme Court...
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Duong v Versacold Logistics Ltd & Ors [2010] QSC 466 Carter Capner Law A Supreme Court damages ruling this month well illustrates how the clock can be stopped on loss of future earnings calculations when residual disability is assessed as “minor”. Read more of the article. Reproduced with the permission of Carter Capner Law. Chief Justice: Labour Hire/Host apportionment: Apportionment...
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