Day

July 7, 2013
In brief: Laws were passed yesterday to amend the Fair Work Act 2009 (Cth) to introduce new anti-bullying measures allowing individual workers to bring an action to stop workplace bullying. Employers should ensure they have a policy and procedures in place to respond to bullying claims. Partner Simon Dewberry (view CV) and Law Graduate Timothy...
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Carter Capner Lawyers O’Connor v Brisbane City Council [2013] QDC 137 The Brisbane City Council has failed in its Civil Liability Act bid to hold out a fitness rider from injury damages after he was thrown from his bike on encountering unfinished bitumen resurfacing on a suburban bayside thoroughfare. The council argued every conceivable CLA...
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Russell v Hancock Farm Company Pty Ltd [2013] QDC 129   JUDGE: McGill DCJ ORDER: Judgment that the defendant pay the plaintiff $265,014.60 including $15,014.60 by way of interest. CATCHWORDS: EMPLOYMENT LAW – Injury of employee – whether negligence – causation – assessment of damages   Carter Capner Lawyers American nut conglomerate Hancock Agricultural has...
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Owen v Menzies [2012] QCA 170 JUDGES: Chief Justice and Margaret McMurdo P and Muir JA Separate reasons for judgment of each member of the Court, each concurring as to the orders made ORDERS: In Appeal No 7138 of 2011: The application for leave to amend the case stated is refused. 1. Were the proceedings...
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Herrod v Johnston [2012] QCA 360 CATCHWORDS: CONTRACTS – GENERAL CONTRACTUAL PRINCIPLES – CONSTRUCTION AND INTERPRETATION OF CONTRACTS – INTERPRETATION OF MISCELLANEOUS CONTRACTS AND OTHER MATTERS – where parties to the proceedings are siblings and deceased was their father – where deceased in a cattle property partnership with first and second defendants – where deceased‘s...
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Micallef  v Endeavour Foundation [2013] QDC 142 JUDGE: Harrison DCJ ORDER: That judgment be entered on the claim for the defendant CATCHWORDS: WORKPLACE RELATED INJURY – Whether there was a foreseeable risk of injury – whether the employer breach their duty of care. David Cormack – Brisbane Barrister.
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Williams v Aldi Pty Ltd [2013] QDC 141   JUDGE: Samios DCJ ORDER: Judgment for the plaintiff against the defendant for the sum of $27,435.67. CATCHWORDS: PERSONAL INJURIES – quantum – soft tissue injury to right upper limb – LEGISLATION   David Cormack – Brisbane Barrister.
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Macdonald v Teys Australia Distribution Proprietary Limited [2013] QDC 139   JUDGE: Samios DCJ ORDER: Order as per the draft. Respondent to pay the applicant’s costs of the application to be assessed on the standard basis. CATCHWORDS: WORKERS COMPENSATION – where the applicant sought an order that the respondent provide information pursuant to section 279...
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Munro v State of Queensland [2013] QDC 140   JUDGE: Horneman-Wren SC DCJ ORDER: THE COURT ORDERS BY CONSENT:1. Leave is granted pursuant to r. 380 of the UCPR to amend the Statement of Claim.  THE COURT ORDERS: 2. The application for leave pursuant to r. 429 of the UCPR to rely on a report...
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Kosho Pty Ltd v Trilogy Funds Management Ltd (No 2) [2013] QSC 170   JUDGE: Applegarth J ORDERS: 1.    Judgment be given for the plaintiffs in the amount of $10 for breach of the implied term of the contract pleaded at paragraph 17(a) of the Second Further Amended Statement of Claim filed 7 August 2012.2....
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