Month

June 2013
 Wooby v Australian Postal Corporation [2013] NSWCA 183  Catchwords   NEGLIGENCE – duty of care – scope of duty – whether respondent owed appellant duty to ensure safe work conditions – where appellant worked as independent contractor – relevance of cases concerning principal’s liability for negligence of one independent contractor harming another – duty of...
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Maloney v The Queen [2013] HCA 28 (19 June 2013) I refer you to the judgment summary. David Cormack – Brisbane Barrister
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Rosa v Galbally & O’Bryan (No 2) [2013] VSCA 154 TORT – Professional negligence – Damages – Assessment – Compensatory damages – Value of the loss of chance – Johnson v Perez [1988] HCA 64; (1988) 166 CLR 351 – Substitution of award of damages. David Cormack – Brisbane Barrister
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JUDGE: Sanderson v Warren [2013] QDC 131 Devereaux SC DCJ ORDER: 1. The Magistrate’s decision is confirmed2. No order as to costs  CATCHWORDS: MAGISTRATES     –     APPEAL     AND     REVIEW     –QUEENSLAND – APPEAL – where appellant convicted of speeding – where LIDAR device used to track speed – where appellant was recorded at a speed of 62...
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Article by Alexandra Momcilovic – Introduction The decision in Cameron v RACQ Insurance Limited [2013] QSC 124 is a useful reminder that the broad general duty upon claimants and insurers to cooperate with one another is not always confined to the particular matters stated in the legislation. This case considered a provision in the Motor...
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                  Article by David Kew, Felicity Keays and Vidal Hockless Kott Gunning The recent case of Matthew Maxwell -v- Highway Hauliers Pty Ltd [2013] WASCA 115 raised the interesting, and as yet unresolved, issue as to the extent to which an insurer can define the scope of...
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