Month

November 2012
The “Injury Damages Calculator” is now available for free from both iTunes and Goggle Play. The App calculates future/deferred losses on the 3% and 5% actuarial tables, together with contingencies and superannuation. Download for iPhone | Download for Android Apart from these features, the App provides the staged the increases to compulsory superannuation which commenced 01/07/2013,...
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QBE INSURANCE (AUSTRALIA) LTD -v- LOIS NOMINEES PTY LTD & Anor [2012] WASCA 186 In brief: An insurer declined to indemnify an insured under a professional indemnity policy. The insured was bankrupt and incapable of contesting the insurer’s decision. A third party subsequently commenced proceedings against the insured and sought to join the insurer so...
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Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 5) [2012] FCA 1144 The very public dispute between the CFMEU and others involving “stop the sham” (alleged sham independent contractors) at the building sites of the Law Courts Project and the Gold Coast University Hospital, has resulted...
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The reasons for decision of the High Court’s rejection of separate representation of the children are now available: RCB as litigation guardian of EKV, CEV, CIV and LRV v The Honourable Justice Colin James Forrest [2012] HCA 47 (7 November 2012) Brisbane Barrister – David Cormack
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Sheehy v Hobbs [2012] QSC 333 On 14/03/2007 the plaintiff was rendered a partial paraplegic when she fell down some internal steps in the residential unit she rented. McMeekin J considered the expert evidence of Mr Kahler and considered the stairs could have been made safer in a number of ways and that in some...
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Armstrong v Mitchell-Smith and Allianz Australia Insurance Limited [2012] QSC 334 A useful decision on damages for young plaintiffs engaged in trade apprenticeships – $400,000.00 for future lost earning capacity, based on 35% loss of preclusion. Brisbane Barrister – David Cormack
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I previously uploaded this paper on 07/10/2010 – it’s timely to refresh it: Costs Payable in Personal Injury Claims PAPER Reproduced with permission from Paul Garrett of Hickey and Garrett.
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State of Queensland v Attrill & Anor [2012] QCA 299 A useful reminder of the general rule where there is inconsistent statutory provisions in earlier and  later legislation [28] In Goodwin v Phillips[13], Griffiths CJ identified the “… general rule, that is, that where the provisions of a particular Act of Parliament dealing with a...
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Sharma v Bibby Financial Services Australia Pty Ltd [2012] NSWSC 1157 The NSW Supreme Court has highlighted how critical it is for employers to ensure they conduct a proper investigation into allegations of unlawful conduct, that evidence is reliable, all relevant matters are considered and decisions are not predetermined. The decision also demonstrates that if...
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          Sneddon   v State of New South Wales [2012] NSWCA 351 Before Basten JA at [2] Macfarlan JA at [118] Meagher JA at [179]     Catchwords APPEAL – leave to appeal – judgment against one joint tortfeasor for   over $100,000 – appeal against dismissal of claim against other...
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