Month

March 2012
Final report in relation to the floods of 2011 and the management of Wivenhoe Dam.
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 Date  Decision  Age  Generals and Injury ISV Uplift  Occupation  Past lost income  Future lost income  Gratuitous care 09.03.12 Judge v RH Grey & Son Pty Ltd & Ors [2012] QDC 33 Brisbane Dorney QC DCJ   26(M) $70,000.00Amputation to toes of the right forefoot and psychological7/8% AMA 5 impairment Dr De Leacy preferred to Dr...
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Commonwealth Bank of Australia v Reeve [2012] FCAFC 21 The decision concerned the meaning of s 5A of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (“the SRC Act”), namely the exception provides that an “injury”: “…does not include a disease, injury or aggravation suffered as a result of reasonable administrative action taken in a...
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Ghobrial v Assaf [2012] QDC 34 The applicant sought an extension of the limitation period in a claim for personal injuries flowing from a stabbing assault. The material fact of a decisive nature was the report of Dr Barling diagnosing post traumatic stress disorder, despite being aware of the life threatening stabbing. In determining that...
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Mahoney v Salt [2012] QSC 43 The issue of disclosure of statements by the respondents alleged to have arisen out of an investigative report came under scrutiny. The applicant sought disclosure under s 35(1) of the Personal Injuries Proceedings Act 2002 (“the Act”). The respondent resisted on the basis of legal professional privilege under section...
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Strong v Woolworths Ltd [2012] HCA 5 (7 March 2012) I refer to my previous posting and the judgment summary of the High Court by way of background and the facts. This long awaited decision is of some importance because of its consideration of causation under 5D of the Civil Liability Act 2002 (NSW) (“Act”)....
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Martens v Stokes & Anor [2012] QCA 36 I refer to my earlier posting wherein Jones J dismissed the claim for want of complying with the Personal Injuries Proceedings Act 2002 (PIPA). Margaret Wilson AJA spoke for the Court of Appeal and dismissed that part of the appellant’s appeal which related to a claim for...
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Eldridge v Coles Group Ltd [2012] QSC 39 Issue: s.31 limitations application – material fact of a decisive nature – not knowing the nature and extent of the injuries caused – means of knowledge. Background: The applicant, a 41 year old female worker suffered a supraspinatus tendon strain in her right shoulder on 18/11/2005 when...
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