Month

October 2011
Thiess Pty Ltd v President of the Industrial Court of Queensland & Anor [2011] QSC 294 By way of judicial review the applicant sought certiorari relief setting aside the decision and orders of the Industrial Court and declarations premised on jurisdictional error. The Industrial Magistrate amended the complaint by the deletion of the words “In...
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Otto v Mackay Sugar Ltd & Anor [2011] QSC 305 Otto v Mackay Sugar Ltd & Anor [2011] QSC 215 Douglas J found in the first decision that the claimant had made a statutory claim for the same injury for which he subsequently sought to make a damages claim for, in circumstances where he was...
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Sopinski v Ewing [2011] QDC 212 An example of the use of s.43 Personal Injuries Proceedings Act 2002 and cost considerations.   Brisbane Barrister – David Cormack
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GEJ & MA Geldard Pty Ltd v Mobbs & Ors (No 3) [2011] QSC 297 I refer to my earlier postings about the trial and contribution issues. The matter returned to argue whether the judgment amount should be apportioned for the “settling defendants” payment, interest and indemnity costs under UCPR 360. Ann Lyons J: Apportionment:...
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Simpson v Grundy & Anor [2011] QSC 299 In a somewhat unusual factual matrix the plaintiff was injured when she was driving and rolled on an internal road on a farm.  She was on her “learners” and unaccompanied in an unregistered car. However, she had sought permission both from her step father and mother in...
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Westport Insurance Corp v Gordian Runoff Ltd [2011] HCA 37 In brief: A recent High Court decision is significant for all parties involved in arbitrations or whose contracts contain arbitration clauses, and for reinsurers whose contracts are subject to New South Wales law. Partner Michael Quinlan (view CV) , Lawyer Mitch Riley and Paralegal Ashleigh...
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MCA v State of Queensland [2011] QSC 298 The applicant sought an extension of the limitation period in which to bring a personal injuries action for sexual abuse pursuant to s 31 of the Limitation of Actions Act 1974 (Qld). The critical issue was whether a “fair” could be conducted as against the respondent (not...
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Wagstaff Piling Pty Ltd; Thiess Pty Ltd v Construction, Forestry, Mining and Energy Union [2011] FWAFB 6892 Despite a collective agreement not expressly providing for drug and alcohol testing the Full Bench of Fair Work Australia has held that could not be read as prohibiting such testing: [34] We do not consider clause 48 operates...
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Queensland Rail v Amaca and Ors [2011] QSC 289   As noted below, the issue of statutory recovery in circumstances involving asbestos manufacturers was considered at first instance in a Case Stated application.  In that matter the determination of contribution was resolved in WorkCover’s favour and did form part of the appeal which was heard...
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 WorkCover Queensland v Amaca Pty Limited and Anor [2011] QSC 282 I refer to my several earlier postings in respect of this statutory recovery matter. Its journey started via a Case Stated application and then proceeded to the High Court in respect of Q 4. It continues now in respect of the substantive case and...
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