Month

November 2011
Australian Crime Commission v Stoddart [2011] HCA 47 (30 November 2011) I refer you to the judgment summary for ease of reference.  The majority of the court: French CJ and Gummow J, together with Crennan, Kiefel and Bell JJ reviewed the common law at length and found no privilege against spousal incrimination existed at common...
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Transitional provisions at a glance: Work Health and Safety Act 2011 (PDF, 147 kB) Transitional provisions for the Work Health and Safety Regulation 2011 (PDF, 217 kB) Brisbane Barrister – David Cormack
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Work Health and Safety Regulation 2011 Explanatory Notes Brisbane Barrister – David Cormack
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Lowe v AMP Capital Investors Ltd & Ors [2011] QDC 267 Eve Lowe’s tumble on the floor surface remains of a red Slushee outside the Australia Post store at Pacific Fair Shopping Centre – while calamitous for her and her wellbeing – provides an instructive tutorial on the necessary ingredients for every successful shopping centre...
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Kalimnios v Ewen [2011] QDC 264 On 27 August 2004 Karla Kalimnios was driving home along Logan Road Upper Mount Gravatt in peak hour evening traffic when knife-wielding Jason Ewen – who had gone on foot to retaliate against another driver – ran into the path of her car. Read more… Reproduced with the permission...
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The first stage Model Codes of Practice are available on the Safework Australia website. Brisbane Barrister – David Cormack  
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Supreme Court – Summer arrangements 2011-12 District Court – Summer arrangements 2011 – 2012  Brisbane Barrister – David Cormack
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 Compare the analogue provisions 9 – 12 in the Civil Liability Act 2003 (Qld):   Ø  Council of the City of Greater Taree v Wells [2010] NSWCA 147 at [76]; [78]; [105]; [107] & [108]; Ø  Harris v Woolworths Limited [2010] NSWCA 312 at [33] & [43]; Ø  Allianz Australia Insurance Limited v Roads and...
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Western Export Services Inc v Jireh International Pty Ltd [2011] HCA 45 (28 October 2011) In this Special Leave application, which was refused, the High Court made very clear their disapproval in having to remind intermediary courts of the binding authority of Codelfa Construction Pty Ltd v State Rail Authority of NSW [1982] HCA 24;...
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State of Queensland v Allen [2011] QCA 311 I refer to my earlier posting regarding Justice Applegarth’s decision. In respect of the contentious issue, Fraser and White JJA allowed the appeal, with Fryberg J dissenting. The plurality of the court found that s.4 and s.9 of the Personal Injuries Proceedings Act 2002 (Qld) (‘PIPA’) did not...
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