Month

August 2011
HIH Claims Support Ltd v Insurance Australia Ltd [2011] HCA 31 (22 August 2011) In brief: Dismissing an appeal against a decision of the Victorian Court of Appeal, the High Court has determined that the doctrine of equitable contribution should not be extended to allow contribution claims to be made against an insurer by the...
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  Hannah v Barellan Bobcat Hire Pty Ltd [2011] QSC 241 This decision is an example of the plaintiff’s credibility and version not being accepted in a physical altercation at work, where the Martin J found the plaintiff had instigated the assault and the other protagonist simply defended himself. Brisbane Barrister – David Cormack
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Attention is drawn to the increase in fees, including setting down fees for trials pursuant to the Uniform Civil Procedure (Fees) and Other Legislation Amendment Regulation (No. 1) 2011, which will commence on 1 September 2011. Brisbane Barrister – David Cormack
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In a trend known as BYO Computing, employees are increasingly wanting to use their own mobile computer technology for work purposes. Mobile computing can benefit employers, but there are legal risks as well. Technology, Media and Telecommunications Partner Michael Pattison and Workplace Relations Partner Simon Dewberry speak to Boardroom Radio about the legal issues surrounding...
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Mulpha Hotel Pty Ltd v Goff [2011] QCA 204 Issues: appeal on the issue of prejudice to be suffered on the adding of the applicant as a party and leave to commence proceedings pursuant to s.59(2)(b) of the Personal Injuries Proceedings Act 2002 (Qld)(PIPA), in circumstance where the applicant alleged it could not now claim contribution...
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State of New South Wales v Doherty [2011] NSWCA 225 Issues: an appeal from Price J in Doherty v State of New South Wales [2010] NSWSC 450 where judgment was given in favour of a crimes scene police officer suffering PTSD, but reduced by 35% for contributory negligence. The reduction was based on the plaintiff...
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Woolworths Limited v Rodionov [2011] QDC 169 McGill DCJ helpful clarifies the position in respect of costs for interlocutory applications in the “pre-proceedings” stage under the Workers’ Compensation and Rehabilitation Act 2003 ss 318A, 318C and the decision of Clarkson v. Australia Meat Holdings Pty Ltd [2002] QSC 347; [2003] 2 Qd R 122: [10]...
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Hughes v Tucaby Engineering Pty Ltd [2011] QSC 256 McMeekin J considered the issue of contributory negligence in the scenario of a worker stepping over a chain in his pathway (as opposed to taking an alternative route), which had a unseen hook catching his spats causing him to trip and fall heavily on his elbow...
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Norton Rose Authors Alena Titterton, Nick Neil Introduction Why is this case important? Background to the incident Judgment Back to basics: lessons for manufacturers and suppliers Endnotes View all pages Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.
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