Month

August 2012
Wilkinson v Perisher Blue Pty Ltd [2012] NSWCA 250 Leaving to aside the practice and procedural arguments on appeal, I draw your attention to the consideration of liability and the discussion of the duty of care and causation in a master/servant relationship. Background: The appellant/plaintiff was injured in the course of his employment a mountain awareness...
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Basic v Australian Associated Motor Insurers Limited [2012] QDC 208 Issue: quantum only and in particular loss of earning capacity as a consequence of a motor vehicle accident. Andrews SC DCJ His Honour considered the combined musculo-ligamentous injury to the cervical spine (Dr Gillett 5% AMA) and adjustment disorder (PIRS 4 Dr Foxcroft) warranted the...
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I refer you to the civil case management practice direction 17/2012, which is based on an “expectation that most proceedings will be ready for trial or otherwise resolved within 180 days of the filing of the defence”. If not, the court “will impose directions to ensure the proceeding is prepared for trial with appropriate sanctions for...
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Pursuant to the Superannuation Guarantee (Administration) Amendment Act 2012 the following rates of compulsory contributions payable by employers will apply: [1] Period RATE     1 July 2012 9% 1 July 2013 9.25% 1 July 2014 9.5% 1 July 2015 10% 1 July 2016 10.5% 1 July 2017 11% 1 July 2018 11.5% 1 July...
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Balnaves v Neil Clifford Smith & Anor [2012] QSC 192 Background The plaintiff was injured in a boating incident and a prior trial had apportioned liability at 65% against him. Damages had since been agreed save economic loss. The Plaintiff was the Executive Chairman of Southern Star Group Ltd (“SSG”) and considered he had “founded and...
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