Month

July 2012
Wright v K B Nut Holdings P/L (as Trustee for the Kerrie-Ann Stevenson Family Trust) t/as “Bonapartes Serviced Apartments” [2012] QDC 202 Brisbane Dorney QC DCJ 23/07/2012 A South Australian tourist has failed to cast “an aura of prostitution and drug use” over a Spring Hill apartment complex where her hand was impaled on a...
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Schmidt v S J Sanders Pty Ltd [2012] QDC 148 It turns out that alighting from truck cabs and earthmoving machinery is indeed a hazardous affair, the subject of well-documented research and its own body of science. Read more… Reproduced with the permission of Carter Capner Law.
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Marshall v Queensland Rehabilitation Services Pty Ltd [2012] QSC 168 The plaintiff claimed amongst other matters the employer knew of her special vulnerability from a prior injury and hence had a higher duty of care to her. Phillippides J considered the authorities (below) and dismissed that aspect. The case centred on a male resident in...
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Authors Ben Allen, Hamish McNair Introduction Background The decision at first instance Full Court Hearing Model Litigant Obligations Consequences View all pages   Reproduced with permission of Norton Rose Fulbright in accordance with their legal notice and disclaimers.  
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Coffey v The State of Queensland & Ors [2012] QSC 186 In a somewhat usual claim an award for damages including exemplary damages was allowed when the prisoner was forced to the ground to take a DNA sample and in the process knocked unconscious and suffered a gash to his head. His Honour Henry J...
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Hunt v Australian Associated Motor Insurers Ltd [2012] QCA 183 I refer to my earlier posting and note the appeal in relation to future loss of income was dismissed: [39] After noting the “strong evidence suggesting that… during 2010 the causal influence of [the appellant’s] injuries upon any incapacity to work had diminished significantly” and...
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Public Service Association of South Australia Incorporated v Industrial Relations Commission of South Australia and Anor [2012] HCA 25 (11 July 2012) Further to previous postings regarding the decision in Kirk and in particular the excess or want of jurisdiction question, I refer to the judgment summary. Brisbane Barrister – David Cormack
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Further to the Attorney General’s announcement on 07/06/2012 regarding a review of the Qld Workers’ Compensation Scheme by the Parliamentary Finance and Administration Committee: Referral On 7 June 2012 the Legislative Assembly agreed to a motion that the Finance and Administration Committee inquire into and report on the operation of Queensland’s workers’ compensation scheme. In...
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From 01/07/2012 the high income threshold is $123,000.00 (up from $118,000.00) and the cap on compensation is up to $61,650.00 Brisbane Barrister – David Cormack
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