Month

February 2012
Wotton v Queensland [2012] HCA 2 I refer you to the judgment summary by way of an overview. Brisbane Barrister – David Cormack
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Swindells v Hosking & Anor (No 2) [2012] QDC 17 I refer to my earlier posting concerning the trial decision. The matter returned on the question of costs and in particular the application of s.56 of the Personal Injuries Proceedings Act (“PIPA”), together with costs for self represented litigants (defendants). Dorney QC, DCJ considered s.56...
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Julia Creek Town and Country Club Inc v Littlejohn [2012] QCA 16 I refer to my previous postings and yet again liability and the credibility of the plaintiff were agitated. There were a number of appeal grounds, including the adequacy of the reasons for decision in respect of the credibility of the plaintiff. The Chief...
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The LexisNexis publication has now been launched.
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Mitchell Morgan Nominees Pty Ltd & Anor v Vella & Ors [2011] NSWCA 390 The mortgagee suffered loss as a consequence of a solicitor failing to draft a mortgage which would have allowed it to foreclose. The matter was complicated because fraudsters had used forged documentation to obtain the ‘secured’ loan, which was in excess...
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Patel v The Queen [2012] HCATrans 19 (10 February 2012) I refer to my earlier postings. Special leave was granted with respect to whether Patel was tried under the wrong provision of the Criminal Code (Qld), namely, section 288. The basis for this is that the prosecution abandoned their original case and 40 days into the...
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I refer to my earlier posting regarding the commencement of the Work Health and Safety Act 2011 on 01/01/2012. I draw your attention to the transitional provisions in Part 16 of the Act and the summary provided by the department. Brisbane Barrister – David Cormack
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Perfect v MacDonald & Anor [2012] QSC 11 Issues: contributory negligence and quantum, in particular future loss of earning capacity. Background: The plaintiff was 14 years at the time and 16 years of age at trial. He was a pedestrian who was walking partly on the road when he was struck by the extended mirror...
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Baker v Coles Supermarkets Australia P/L [2012] QDC 7 Issue: when known facts gained the characteristic of “decisiveness” Background: There was little dispute the applicant in the application to extend the limitation period knew she had been injured on 23/08/2005 and the nature of the injury. What was in dispute was that she did not...
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