Month

November 2012
Di Carlo v Kashani-Malaki & Anor [2012] QCA 320 The appeal concerned the construction of s.95 of the Public Trustee Act 1978 as to whether proceeding brought prior to the sentence of imprisonment fell foul of the section. Apart from the discussion as to the meaning of “bringing” proceedings, the judgment of Muir JA with...
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Author                            Stuart Kollmorgen Introduction Parental leave pay at lower cost to the employer? Leave for Dads and Partners Do entitlements under your policies provide for fixed term employees? Replacement employees What should employers do? View all pages    View individual pages   Reproduced with permission of Norton Rose Fulbright in accordance with their legal notice and...
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Armstrong v Mitchell-Smith and Allianz Australia Insurance Limited (No 2) [2012] QSC 370 A useful and practical decision by McMeekin J regarding the importance of complying with the facsimile rules of service, together with the provision of a discharge or alternatively, avoidance of conditions which are uncertain or unfavourable to the other party. Brisbane Barrister...
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Allianz Australia Insurance Limited v McCarthy [2012] QCA 312 White JA dissented in not allowing any lost earning capacity, whereas The President and Gotterson JA reduced the allowance modestly. However, White JA’s reasons have been reproduced because they well cover the authorities in the area and are instructive in the assessments which required to be...
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Meandarra Aerial Spraying Pty Ltd & Anor v GEJ Geldard Pty Ltd [2012] QCA 315 I refer to my earlier posting by way of the facts and background. Of interest, is Fraser JA’s judgment with whom the court agreed, regarding s.9 of the Civil Liability Act 2003 and the expression “not insignificant” in the context...
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Ferrington v WorkCover Queensland [2012] QSC 354 McMeekin J considered amongst other matters the scenario of disclosure where an employer, North Goonyella Coal Mines Pty Ltd (“NGCM”) was facing prosecution under Coal Mining Safety and Health Act 1999 s 34 and disclosure was being sought for the common law claim. The applicant sought disclosure pursuant to...
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Brown v Marine Contracting Pty Ltd (ACN 010 093 651) & Ors (No 2) [2012] QSC 345 His Honour’s helpful analysis of the pre-2010 amendments to the Workers’ Compensation and Rehabilitation Act (WCRA) in the context of a limitation application, gives guidance as to the determination of whether it is an interlocutory application in “the...
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Gillfillan & Ors v Australian Securities & Investments Commission [2012] NSWCA 370 I refer to earlier postings. The end result for the Australian directors was a reduced fine of $25,000.00 and disqualification until 30 April 2013, whereas the American directors were fined $20,000.00 and disqualified until 31 December 2012. Prominent in this was the overseas directors participated...
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Author      Stuart Kollmorgen Introduction What is an independent contractor? Results of WorkplacePulse survey Real risks What should organisations do to manage these risks View all pages Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.  
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I invite you to try barristerdirect on your mobile in its streamlined version: Brisbane Barrister – David Cormack
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