Month

March 2012
  Vella’s Plant Hire Pty Ltd v Mistranch Pty Ltd & Ors [2012] QSC 77   I refer you to earlier postings regarding Leighton v Fox [2009] 35.   It is a reminder that there is a clear distinction between the content of the duty owed by employers and that of principals/contractors. It’s also a...
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A matter of significant controversy and debate in latent injury claims, such as mesotheioma is when the injury was “sustained” or “contracted”. The date of the injury is of significant interest because it defines the relevant legislation and insurance which is applicable. The UK Supreme Court in the decision of Employers’ Liability Insurance “Trigger” Litigation:...
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Legal Services Commissioner v CBD [2012] QCA 69 The practitioner pleaded guilty to viewing child pornography material when he “stumbled upon” it in relation to other lawful pornographic material, but failed to deal with it appropriately and stored it. The Legal Services Commission appealed the decision of the Queensland Civil and Administrative Tribunal (QCAT) that...
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Goddard Elliott (a firm) v Fritsch [2012] VSC 87 The conclusion well summarises the facts and the outcome of this extraordinary case. I refer you to paragraphs 405 – 419; 545 – 570 and 769 – 833, which deal with the duty of care owed by professionals and advocates immunity. Bell J Conclusion 1136 Paul...
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Haros v Linfox Australia Pty Ltd [2012] FCAFC 42 The appellant Haros was at first instance unsuccessful against Linfox alleging during the negotiation for his employment that misleading representations were made. The trial judge found the employment contract was inconsistent with the representations alleged. Haros was unsuccessful on the appeal not only in relation to this aspect, but that...
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Apolloni v Traffic Technologies Management Division Pty Ltd [2012] QSC 70 The plaintiff’s claim failed because of credibility issues. She and her witness were not accepted as to when the incident occurred.   The plaintiff alleged the incident occurred because there was inadequate lighting at or around dawn (6:20-30am) and so caused her to slip...
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I am fundraising for MS via their annual MS Brissie to the Bay ride (2012). Please consider donating.  
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State of New South Wales v Zreika [2012] NSWCA 37 The plaintiff/respondent in this instance was violently arrested for a shooting by the NSW Operational Training Unit (OUT), part of the State Protection Group in the presence of his father at his work. He subsequently lost his business, was refused bail initially, having to spend...
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Roe v Link-up (Qld) Aboriginal Corporation [2012] QDC 36 This is a useful decision reviewing the decisions below in the context of an application asserting a deemed admission under UCPR 166, the circumstances when a Reply is required and the added combination of a request for particulars. Ballesteros v Chidlow & Anor No 2 [2005]...
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  Norton Rose Authors Stephen Mackie, Martin Osborne Introduction Background Decision by the Federal Court Implications for employers View all pages View individual pages Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.
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