Month

June 2012
I refer you to a recent prosecution of a painting company who was fined $20,000.00 when it removed asbestos from a roof by using a gurney and contaminated the neighbour’s property. The director of the company was also fined $4,000.00 and the company was ordered to pay the clean up costs of $72,897.35 together with...
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Williams v Commonwealth of Australia [2012] HCA 23 (20 June 2012) I refer you to the judgment summary and in particular the unanimous decision in respect of s.116 of the Constitution and the question of freedom of religion in the context of whether a school chaplain was an “office… under the Commonwealth”. The Financial Framework...
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Phillips v MCG Group Pty Ltd [2012] QSC 149   On 28/08/2008 the plaintiff sustained a lower back compression fracture of L2 with between 50 per cent and 70 per cent loss of vertebral height. The matter in contention was the impact of his pre-existing injury sustained in 1990 which resulted in a L4/L5/S1 fusion...
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Council of the City of Greater Taree v Wells [2010] NSWCA 147 TORTS – duty of care – duty of council to users of public pathway – whether appellant owed duty of care in circumstances where it installed an obstruction along a public pathway – TORTS – duty of care – scope of duty –...
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Faraji v Dambarage & Anor [2012] QDC 137 This decision is an useful example of s.47(1)(b) of the Motor Accident Insurance Act (MAIA) allowing claimant’s to request information about the circumstances of, or the reasons for, the accident from the insurer. The insurer has the power to request such information from the insured pursuant to s.35(1) MAIA,...
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Help me support people with MS I am riding in the 2012 Enerflex Brissie to the Bay bike ride to join the fight against MS. I am raising funds to show my support and your donation will make an impact to change the lives of people living with MS. MS affects more than 21,000 Australians...
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I refer you to the report and in particular paragraph 10.7 in relation the solvency of WorkCover Queensland. Brisbane Barrister – David Cormack
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Kelly v Trentham Holdings P/L & Ors [2012] QDC 141 The female plaintiff (now 32 years) injured herself whilst exiting the Chalk Hotel via a bark covered garden bed ‘pathway’ to exit on Herbert Street, whilst intoxicated (2 bottles of wine).  She suffered a fractured ankle with cuts and abrasions. The hotel subsequently constructed a...
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Bagiante v Bunnings Group Limited [2012] QDC 120 Dorney DCJ was required to assess damages of a 50 year old female customer service officer who had sustained a closed undisplaced fracture of the left ankle with ongoing chrondral pathology on 26/08/2008 then aged 47 years of age. His Honour preferred Dr Greg Gillett over Dr...
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LegalWise July 2012 seminars I refer to the 4th Annual Asbestos Litigation seminar (page 5) on 25/07/2012. As a presenter I am in a position to offer a 10% discount to guests. Brisbane Barrister – David Cormack 
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