Month

May 2012
Vowles v Osgood & Anor (No 2) [2012] QSC 126 Vowles v Osgood & Anor [2012] QSC 82 A $1.28 million damages claim was rejected last week amid controversy over the extent to which video surveillance evidence contradicted a plaintiff’s testimony as to the seriousness of his motor accident related neck and back injuries. Suncorp,...
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PGA v The Queen [2012] HCA 21 (30 May 2012) I refer you to the judgment summary concerning the adoption of the common law, including the statement by Sir Matthew Hale in 1736, that a husband could not be guilty of raping his wife because, by marriage, she gave her irrevocable consent to intercourse. Brisbane...
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Orbit Drilling Pty Ltd v The Queen; Smith v The Queen [2012] VSCA 82 This decision considered the ‘reckless endangerment’ provision of the Occupational Health and Safety Act 2004 (VIC) (s.32). Its application is of significance because the section is modelled in the recently introduced harmonised legislation which now operates in Queensland, New South Wales,...
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Further to postings on the Work Health Safety Act 2011, I refer to the following link noting the new and preserved Codes: http://www.deir.qld.gov.au/workplace/law/legislation/codes/index.htm Brisbane Barrister – David Cormack
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With the end of the financial year soon upon us, I ask you to consider support for the Qld Homicide Victim Support Group (QHVSG) after the recent 12 murders in 2 weeks in Qld. If you did not see the feature on the news – here’s the link: Ten News Donations can be made via:...
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Alavi-Moghaddam v. Woolworths Ltd [2012] QDC 98 Issue: whether post compulsory conference and in litigation – the respondent/defendant was required to provide information and documentation as to how the applicant/plaintiff allegedly injured herself pursuant to s.279 & 287 of the Workers’ Compensation and Rehabilitation Act 2003 (WCRA) and for an expert inspection under r.250 of...
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O’Connell v 1st Class Security P/L [2012] QDC 100  ISSUES: Quantum and liability  BACKGROUND An intoxicated backpacker/plaintiff was ejected and refused entry and in disobedience to a ‘move on’ direction was arrested by police and whilst being restrained by the police, the bouncer ‘assisted’ the police despite not being “invited or welcomed”. In so doing,...
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Norton Rose Authors Sarah Ralph, Andrew Crocker Introduction Facts The Full Court’s decision Lessons for employers View all pages Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.  
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   16 May 2012 Media Release   FLPA explains law and process for ‘four sisters’ custody battle   Due to intense media coverage, the Family Law Practitioners’ Association of Queensland (FLPA) has issued an outline of the law and relevant case history of the international custody dispute involving four girls on the Sunshine Coast.  ...
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Thiess Pty Ltd & Anor v Arup Pty Ltd & Ors [2012] QSC 131 A useful summary of the law… Applegarth J Relevant principles of admissibility [34] The Australian edition of Cross on Evidence summarises the conditions for admissibility of expert opinion as follows: “First, there must be a field of specialised knowledge. Secondly, there...
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