Month

July 2011
Deputy Premier and Attorney-General Paul Lucas today announced the appointment of a new Far Northern Judge of the Supreme Court of Queensland. Mr Lucas said Mr James Henry, SC, would replace Justice Stanley Jones upon his retirement in September, as the Far Northern Judge based at Cairns. Read more of the media release…
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Schimke v Clements & Suncorp Metway Insurance Ltd (No 2) [2011] QSC 208 I refer to my earlier posting and draw your attention the award of indemnity costs following a UCPR offer 3 months out from trial, which was substantially less than the MFO, but was not considered unreasonable. Brisbane Barrister – David Cormack
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   Algar v State of Queensland [2011] QSC 200 Breast Screen Queensland was last week protected by a Supreme Court ruling from disclosing internal communications pertaining to the negligent diagnosis claim of a Cairns patient who underwent screening in 2007 and 2009. Read more… Reproduced with the permission of Carter Capner Law.
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   Sellers-McGee v Hamwood & Anor [2011] QC 168   The appeal followed an apportionment of liability (75%/25%) against a child of 12 riding a recreational motor cycle and failing to give way to an oncoming vehicle. The Court of Appeal noted the latitude given to trial judges when apportioning liability on factual circumstances and...
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Norton Rose by Ashley Tsacalos Recent events have renewed the focus on issues of privacy, particularly in the face of technological developments. As a result, on 21 July 2011 the Minister for Privacy, The Hon Brendan O’Connor MP, announced that the Commonwealth Government will seek the views of the public on introducing a right to...
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Norton Rose ACCC role in policing pricing Lessons from the GST New ACCC powers What it means for business? View all pages Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.
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Sydney Morning Herald Dan Harrison July 21, 2011 NSW has joined a Queensland father in challenging the constitutional validity of the controversial national school chaplaincy program, arguing the scheme exceeds the federal government’s powers. Read more…
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Kym Suzanne Reedy v Global Cranes Pty Ltd [2011] FWA 3037 Deputy President Hamilton considered the applicant’s innuendo as to an office affair justified her dismissal as a breach of trust. It was not harsh, unjust or unreasonable and constituted a valid reason: [8] The term ‘valid reason’ was considered by Northrop J in Selvachandran...
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Norton Rose by Siobhan Flores-Walsh and Sophia Christou Until the decision in Kirk v Industrial Court of New South Wales1, employers in NSW had little hope of successfully defending an OHS prosecution. The impact of Kirk has been significant and was demonstrated most recently in the decision Western Freight Management Pty Ltd v Inspector Patton...
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In brief: A recent decision of the Supreme Court of New South Wales highlights the importance of assessing the limits on rights of contribution when issuing insurance policies. Partner Dean Carrigan (view CV), Senior Associate Philip Hopley and Lawyer Patricia Abordo report. Background The referral The decision Comment Reproduced with permission of Allens and in accordance...
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