Month

February 2013
Transpacific Industrial Solutions Pty Limited v Phelps [2013] NSWCA 31   In Kuhl v Zurich Financial Services Australia Ltd[1] it was observed: “To satisfy the element of causation on the case presented for Mr Kuhl to this Court, it would be necessary to identify the action which, on the available evidence, the trial judge could...
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Authors Jason Noakes, Stuart Kollmorgen, Nicola Martin Introduction What does the Bill mean for employers? Why the proposed changes? What are the key proposed changes? The Report What happens now? View all pages   Reproduced with permission of Norton Rose Fulbright in accordance with their legal notice and disclaimers.
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In brief: Breaking Ground is a regular publication by the Allens Infrastructure and Construction group to keep you informed of the latest news and developments in this area. For more information or for legal advice, please contact one of the Partners listed below. Breaking news Allens news Recent cases Recent legislation   Reproduced with permission...
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   Silvester v   Husler & Suncorp Metway Insurance Limited   [2013] QSC 26 The extent of injury to a Mackay medical receptionist whose Holden Astra was wiped out by an oncoming vehicle that turned right through an intersection across her path in May 2010, was clouded by secret video footage that showed, it was...
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Weis Restaurant Toowoomba v Gillogly [2013] QCA 21 The Respondent claimed he injured himself on 14/01/2009 when his chair collapsed at the Appellant’s restaurant, but was out of time to pursue his claim. The primary judge granted an extension under the Limitations of Actions Act 1974 (LAA) on the basis inter alia; the material fact...
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Sharp v Cairns Regional Council [2013] QDC 14 Everson DCJ found for the plaintiff who partially amputated his left ring and ‘little finger’ on 20/05/2009 whilst mowing the median strip of a roadway. The circumstances: the plaintiff noticed a spring had detached from the mower and bent forward to pick it up. At the same...
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Hughes v. Impulse Entertainment Pty Ltd & Workcover Queensland [2013] QDC 21 Issue: an application to determine whether a proceeding filed after 60 days of the compulsory conference (s302(2) of the Workers’ Compensation and Rehabilitation Act 2003) could be maintained:  Narayan v. S-Pak Pty Ltd [2002] QSC 373. The application was brought by WorkCover and...
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Adam v Skilled Group Limited and Anor [2013] QSC 7 The plaintiff’s counsel conceded: [53] … the plaintiff had not behaved well and had done his case a disservice by some of these statements and actions… The behaviour in question was his “squirming, moving, shaking, standing up and down” whilst giving evidence and substantial issues...
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Lesandu Blacktown Pty Ltd v Gonzalez [2013] NSWCA 8 Issue: whether an occupier owed a special duty of care to a customer assailed by a third party. Facts: BASTEN JA: At about 11.35am on 17 September 2008 Manuel Gonzalez, the respondent in this Court, approached the automatic sliding doors at the entrance to the Harvey...
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Google Inc v Australian Competition and Consumer Commission [2013] HCA 1 (6 February 2013)   In brief: The long-running battle with the ACCC over Google’s AdWords service has been decided in Google’s favour. The High Court unanimously held that Google did not engage in misleading and deceptive conduct by displaying advertisements in the form of...
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