Month

September 2011
Littlejohn v Julia Creek Town and Country Club Inc [2011] QCA 260 I refer to my earlier posting which continues to exemplify the inherent risk of litigation (even in circumstances where there is an apparent insurer) and the limitations of awards for security for costs. Brisbane Barrister – David Cormack
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 Sullivan Nicolaides Pty Ltd v Papa [2011] QCA 257 I refer to my earlier posting on the first instance decision. The appeal was dismissed unanimously with respect to the ground of “lost chance”, but her Honour Margaret Wilson AJA dissented on causation. The review by his Honour Martin J in respect of lost chance and...
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 Tabcorp Holdings Ltd v Dank [2011] QCA 253 I refer to my earlier posting on the primary decision. His Honour Fraser JA delivered the leading judgment on appeal. Both liability and quantum were appealed. Liability With respect to liability the principle contention was in respect of the finding of breach of statutory duty and by...
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Hargans v Kemenes & Anor [2011] QCA 251 I refer to my earlier posting regarding the decision in first instance. His Honour Fraser JA delivered the leading judgment. His Honour did not interfere with the facts or the application of the law by the primary judge and applied Pizer v Ansett Australia Ltd [1998] QCA...
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Brisbane City Council v Miles [2011] QCA 250 I refer to my earlier posting on the primary decision. The Court of Appeal did not interfere with the decision despite the submissions made in respect of the subsequent appeal decision of Lusk v Sapwell [2011] QCA 59. The Court of Appeal: ·         found foreseeability and breach;...
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Keryn Mayer as litigation guardian for Ben David McKinlay v Mahoney & Anor [2011] QSC 279 A useful example of the mattes covered in a sanction of a personal injuries compromise for someone with impaired capacity and ancillary orders. Brisbane Barrister – David Cormack
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Allianz Australia Insurance Limited v Girone [2011] QCA 245 I refer to my earlier posting of the trial decision and draw your attention to revision of past and future economic loss based on the assessment of average earnings in the past being considerably less and appreciably so by necessity for the future. Past loss $93,500...
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Stitz v Manpower Services & Anor [2011] QSC 268 Issues: in a labour hire/host employment scenario both liability and quantum were in issue. The parties had resolved contribution between themselves, together with the relevant duty owed. It was not disputed that the defendant’s system and place of work could have been improved or that it...
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Norton Rose Authors Barry Sherriff, Luisa Gonzaga Introduction The offence of reckless endangerment A term of imprisonment ordered to be served by intensive community correction A caution for workers and employers Steps an employer should take View all pages Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.
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In this issue: we look at whether an employer has the right to dismiss an employee for not working on a public holiday; Fair Work Australia’s position on intervening in the bargaining process; social media usage in the workplace; proving bullying in an unfair dismissal case; and going to court to restrain a c company’s...
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