Month

March 2011
Martens v Stokes & Anor [2011] QSC 65 Jones J struck out the plaintiff’s claim which alleged damages for personal injuries, but had not complied with the pre-court procedures as required by Chapter 2 of the Personal Injury Proceedings Act 2002 (Qld) (“PIPA”). The plaintiff argued because the claim was against the Australian Federal Police...
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 Pihiga Pty Ltd v Roche [2011] FCA 240 The parties agreed to participate in a mediation which culminated in a settlement deed that the applicants (“Pihiga”) would sell their shares to the respondent (“Roche”). Pihiga sought an order declaring the settlement deed void, setting it aside or rescinding it on the basis that the Roche...
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Vreman and Morris v Albury City Council [2011] NSWSC 39 Harrison J applied ss. 5F, 5K, 5L of the NSW Civil Liability Act 2002 in respect of an “obvious risk” and “dangerous recreational activity”. The equivalent QLD provisions are ss. 13, 17, 18 and 19 of the Civil Liability Act 2003. Severe injuries were sustained...
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Allens Arthur Robinson The Queensland Court of Appeal has held that a construction manager, which provided only construction management services and did not undertake any building works, was obliged to rectify defective building work if so directed by the Queensland Building Services Authority under the Queensland Building Services Authority Act 1991 (Qld). In doing so,...
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Allens Arthur Robinson The Queensland Court of Appeal has followed the High Court and found that, despite the specific exclusion of the Building and Construction Industry Payments Act 2004 (Qld) from the operation of the Judicial Review Act 1991 (Qld), the legislature cannot exclude the power of a State Supreme Court to exercise its supervisory...
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  Kilvington v Grigg & Ors (No. 2) [2011] QDC 37 His Honour Judge McGill extensively reviewed r. 681(1) UCPR that costs ordinarily follow the event in the context of a plaintiff who was unsuccessful. Ultimately, his Honour was not required to determine whether a defendant in such circumstances is required to pay costs for...
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Norton Rose Introduction Effect of the legislation Important Points to Note Excluded Proceedings Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.
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Allens Arthur Robinson In brief: The Federal Government today introduced into Parliament a Bill to prohibit the disclosure of pricing and other information to competitors. Partners Fiona Crosbie (view CV) and David Brewster (view CV) report. Background Key changes Comment Reproduced with permission of Allens Arthur Robinson and in accordance with their terms of use.
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Fair Work Ombudsman v Specialised Security Service Pty Ltd & Anor [2011] FMCA 170 I appeared for the First and Second Respondents in the penalty hearing. It proceeded on the basis of the First Respondent admitting that it contravened clauses 6.3, 6.7, 6.8 and 7.8 of the relevant NAPSA and s.185 (2) of Workplace Relations...
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Foster & Anor v Cameron [2011] QCA 48 I refer to my earlier posting for the facts concerning the provision of hybrid gratuitous services under ss.308C/308E WCRA in the trial judgment. The Court of Appeal has unanimously dismissed the employers’ (WorkCover Qld) appeal and invited legislative amendment to cure the anomalies and apparent injustice. The...
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