Month

September 2012
Bergemann v Tilly’s Administrative Services Pty Limited [2012] QSC 266 Background At the heart of the plaintiff’s application to extend the limitation period, was whether his post-traumatic stress syndrome was such as to constitute an ‘unsoundness of mind’. I refer you to the test for same below. Douglas J [1] On 19 April 2004 the...
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WorkCover Queensland’s Annual Report for 2011-2012 has now been released (attached). In short, claims are down, premiums up, a profit of $199.637 million after tax was made; plus for the first time since 1996 sufficient premium was collected to cover its claims incurred. Brisbane Barrister – David Cormack
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Carswell v Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane [2012] QSC 253 Background: A disability support worker was hit in the side of the head by a soccer ball kicked by a 13 year old ‘troubled’ boy (JR) who was known to have behavioural disorders and educational needs. Wilson J found because...
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Edwards v State of Queensland & Anor [2012] QSC 248 A useful discussion of the authorities when adding a cause of action after the limitation period has expired, in circumstances where further particulars can be said to change the cause of action. McMeekin J Discussion [17] The issue then is whether the addition of the...
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Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32 (7 September 2012) In a much awaited decision, I refer you to the High Court summary wherein the court found the evidence of Dr Harvey, which had not been challenged, did not establish an adverse action for a prohibited reason....
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WorkCover Queensland v AMACA Pty Limited [2012] QCA 240 I refer to my earlier post concerning the decision of Boddice J in WorkCover Queensland v Amaca Pty Limited (No 2) [2011] QSC 358 and note the appeal was allowed and the question of whether; it was valid at law to assign to the plaintiff (WorkCover)...
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Stanley-Clarke v Boyle [2012] QSC 196 A hernia repair patient who claims to have been persuaded at the eleventh hour – “after she had been prepped for theatre” – to undergo a face lift instead, has failed in her bid for compensation for a “sadly damaged face” that followed the surgery. Read more… Reproduced with...
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