Month

September 2011
Maher v Adult Guardian & Anor [2011] QCA 225 Issue: apprehended bias in circumstances where the first instance decision maker Senior Member Ms Endicott also presided on the appeal. The court: [12] The first respondent (the Adult Guardian) did not appear on the hearing. Counsel for the second respondent (the Public Trustee), Mr Whiteford, frankly...
Read More
Norris v Daniel & Ors [2011] QDC 201 This decision is an example of how in a relatively minor whiplash injury at first blush may later be determined to be more serious (material fact), together with the identification of the offending motor vehicle (material fact), even when such information was readily apparent in the traffic...
Read More
I refer you to the summary of the decision of Jemena Asset Management (3) Pty Ltd v Coinvest Limited [2011] HCA 33  in relation to portable long service leave in the construction industry, where the High Court held that: “…it is possible to infer from the beneficial nature of the federal instruments that the Commonwealth...
Read More
 Swindles v Reiter [2011] QDC 200 In an application for leave to proceed his Honour Robin QC accepted that defamatory comments which were alleged to have caused a psychiatric injury fell within the definition of personal injury (Personal Injuries Proceedings Act 2002, Schedule): “Personal injury is defined in the Act in a way that brings...
Read More
Barnes v Smith & Ors [2011] QSC 259 Issues: an application to extend the limitation period pursuant to s.31 of the Limitations of Actions Act 1974 (Qld) where all issues were in dispute. The issues of means and knowledge and prejudice were resolved in favour of the applicant. However, in the absence of evidence both...
Read More
I refer to my earlier posting re: Barclay v The Board of Bendigo Regional Institute of Technical and Further Education [2011] FCAFC 14 and note the High Court today granted special leave to appeal the decision. Brisbane Barrister – David Cormack
Read More
Norton Rose Author Ashley Tsacalos The obligation for government agencies to act as a model litigant has received some recent attention. Recently, the Attorney-General, the Hon. Robert McClelland stated that ‘any breach of the model litigant obligation would be unacceptable as the Australian Government is committed to achieving the highest professional standards in its handling...
Read More
I refer you to the summary and the full judgment. Brisbane Barrister – David Cormack
Read More
1 2

Recent Comments

    Categories