Month

April 2011
R v Patel; ex parte A-G (Qld) [2011] QCA 81 Issue: one central issue on appeal was the construction of s.288 of the Criminal Code 1899, and in particular; whether it applied to omissions in the context of a decision to operate and in other instances provision (or lack)  of medical treatment. The Court of Appeal...
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 Switzer v Qantas Airways Limited [2011] QDC 52 CATCHWORDS: Limitation of actions – where initial specialist advice negates causal relationship – when increasing symptoms should have initiated reasonable inquiry, for particular applicant, where sole medical recourse for advice had been to work-based general medical practitioners – whether different medical specialist advice given too late to...
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Nominal Defendant v Chaffey & Ors [2011] QSC 88 Issues: The Nominal Defendant brought a claim pursuant to s 60 of the Motor Accident Insurance Act 1994 (Qld) (the MAIA) for recovery of a statutory debt and costs of $394,893.60 involved in an uninsured motor vehicle accident causing personal injury. The first defendant was the...
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Allens Arthur Robinson The Supreme Court of Queensland has dismissed an application to set aside an adjudication decision on the basis of jurisdictional error. Though it agreed with the NSW Court of Appeal that the legislation is not intended to permit a fresh adjudication application in respect of work that has already been the subject...
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 Sayers v Hanson t/as Alguard Security Services [2011] QSC 70 Part of a Gold Coast security guard’s psychiatric injury attributable to post incident events will be un-compensible, following WorkCover’s successful strike out application in the Supreme Court… Read more of the article. Reproduced with the permission of Carter Capner Law.
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 Allens Arthur Robinson In brief: The Full Court of the Federal Court has upheld a decision in which an insurer’s liability to indemnify was reduced to nil on the basis of non-disclosure and misrepresentation by its insured. Partner Michael Quinlan (view CV) and Lawyer Laura Johnston report. Background The decision Comment Reproduced with permission of...
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Koven v Hail Creek Coal Pty Ltd [2011] QSC 051 The Supreme Court last week ordered a Rio Tinto company to pay a 50 year old dragline operator $864,686.58 damages as compensation for injuries sustained at its Hail Creek Mine, 90 km south west of Mackay. The judgment included an award for the hybrid application...
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Hertess v Adams [2011] QCA 73 The appeal centred on the extension of the limitation period by the primary judge and in doing so, not weighing sufficiently the prejudice to be suffered by the defendant. The seminal High Court decision of Brisbane South Regional Health Authority v Taylor was extensively reviewed throughout. Muir JA delivered the...
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QBE Insurance (Australia) Limited v Cape York Airlines Pty Ltd [2011] QCA 60 I refer to my earlier posting. The Court of Appeal decision found the primary judge did not err in finding that that there was not a valid election to repair the aircraft pursuant to the policy of insurance. Whilst the election depended...
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Varga v Galea [2011] NSWCA 76 The plaintiff/appellant appealed contributory negligence as a consequence of a fall at a building construction site. The plaintiff was the sole director and shareholder in a company which employed him, Greystanes Bricklaying Pty Limited (“Greystanes”). The proceedings were however, brought against the principal contractor. The respondents/defendants were successful at...
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