Month

June 2011
Allens Arthur Robinson In brief: This week’s Federal Court decision in relation to ASIC’s case against Centro’s directors demonstrates how demanding a director’s duties in approving financial statements are. In order to meet those demands, Boards may seek to change the ways in which financial information is presented to them and how they review it....
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The Queensland test of work being a significant contributing factor to a person’s injury is a relatively undemanding requirement. I refer you to the attached article concerning a New Jersey worker who died as a result of blood clots causing a pulmonary embolism, which it was found to have been caused by inactivity whilst at...
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The Portland Downs Pastoral Company Pty Ltd v Great Northern Developments Pty Ltd & Ors (No 2) [2011] QSC 161 Issues: standard or indemnity costs Chief Justice: [2] Having failed in its claims against them, the plaintiff obviously must bear the first and second defendants’ costs. The issue is the basis upon which they should...
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Velvet Glove Holdings Pty Ltd v Mount Isa Mines Limited (No 2) [2011] QSC 156 Margaret Wilson J helpfully summarised in this decision the criteria for consideration of “unreasonableness” when determining when indemnity costs should be ordered: [6] The defendant has submitted that the plaintiff’s rejection of the Calderbank offer was unreasonable and that in...
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Allwood v Wilson & Anor [2011] QSC 180 Issue – the assessment of damages. McMeekin J very helpfully sets out in the decision a number of principles to assist in assessing damages. General Damages – the Procedure [19] I am required to assess an injury scale value (“ISV”) for the injuries from the range of...
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Dukker v Challenge Recruitment Limited [2011] QDC 108 The plaintiff in this matter failed most notably because of her lack candour both in the disclosing past medical problems and in giving evidence, together with the forensic cross-examination of her doctor. However, the decision is of interest because of the obiter dicta discussion of: duty to...
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Elton v Bywater Medical Management P/L [2011] QDC 114 In this decision Dorney QC, DCJ helpfully recited the authorities in respect of minimum and reasonable notice under employment agreements: [22] I have been referred to many cases which were proposed as being comparable decisions to this one. Noting that White J in Macauslane held that...
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Deng v Q-Comp [2011] QSC 191   Issues: whether the JR application should be dismissed pursuant to s 12 of the Judicial Review Act 1991 (Qld) because adequate provision is made by a law under which the applicant is entitled to seek a review, in circumstances where it is contended:   there is public interest...
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Mr David North S.C. has been appointed to the Townsville Supreme Court (effective from 18 July 2011). The Swearing-in Ceremony will be held in the Supreme Court Townsville on Wednesday, 20 July 2011 at 9.15am. Brisbane Barrister – David Cormack
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Littlejohn v Julia Creek Town and Country Club Inc [2011] QDC 116 Littlejohn v Julia Creek Town and Country Club Inc [2010] QCA 361 Cullinane J at first instance found for the plaintiff ($160,705.68) who fell in circumstances where there was a difference of 25mm between the tiles and the carpet flooring of a licensed...
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