Month

November 2013
Authors: Peter de Silva, Senior Associate & Liam Fraser, Lawyer The recent amendments to the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (WCRA) allow an employer during the hiring process to: Request that a prospective worker disclose pre-existing injuries or medical conditions. Ask the Regulator for a copy of a prospective worker’s claims history summary,...
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Further to earlier posts about the new anti-bullying laws to commence on 01/01/2014 the Fair Work Commission has released its case management model. Brisbane Barrister – David Cormack
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Motorcycling Events Group Australia Pty Ltd v Kelly [2013] NSWCA 361 A motorcycle racing trainer has implored the Supreme Court to rigourously apply a federal “recreational services” antidote to protect its contractual liability waiver against consumer protection anti-avoidance measures in the to defence of a serious injury compensation claim of one of its injured participants....
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Seeley International v Jeffrey [2013] VSCA 288   Catchwords  NEGLIGENCE – Product liability – Causation – House fire damaged respondents’ home in 2003 – Competing expert evidence as to the whether the fire was caused by evaporative air cooler or downlights – Whether evaporative air cooler manufactured by the appellant was the cause of a...
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ACN 096 712 337 Pty Ltd v Javor [2013] NSWCA 352   Before Meagher JA at [1]; Barrett JA at [43]; Ward JA at [44]  Decision Appeal dismissed with costs.  Catchwords DAMAGES – assessment of workplace injury damages – whether primary judge erred in failing to find that respondent had not taken all reasonable steps...
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Gundy v Eatts [2013] QSC 297  A decision of interest having regard to the definition of a child by reference to the Acts Interpretation Act to include “descendant” and “descendant” was defined to include, in relation to Aboriginal people, “a descendant under Aboriginal tradition”. In turn, Aboriginal Tradition was defined to mean traditions, observances and customs in...
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Two recent decisions highlight the factual sensitivity of psychiatric claims resulting in their dismissal: Greenall v State of Queensland [2013] QDC 277 Karanfilov v MSS Security Pty Ltd & Ors [2013] QSC 304 I refer you to the article by Carter Capner Brisbane Barrister – David Cormack
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It is timely to consider the recent decision of the Court of Appeal in The Queen v Brown [2013] QCA 337 and in particular: [33] The words attributed to the Premier are implicitly critical of decisions made by magistrates who have granted bail to “alleged bikie members”. The decisions of magistrates and judges are not...
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Neale, Re an Application for Bail [2013] QSC 310 Application for bail (granted) by an alleged member of the Rebels bikie gang.   North J: [23] Lest there be any misunderstanding or misinterpretation nothing that I have said in these reasons nor the orders that I make are intended to serve any purpose other than...
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Gallagher v McClintock & Ors [2013] QSC 292 CATCHWORDS: EQUITY – EQUITABLE   REMEDIES – INJUNCTIONS – INTERLOCUTORY INJUNCTIONS – where the applicant was   a member of a church – where the applicant distributed unauthorized material   during church service – where the Church Board refused the applicant entry to   the church –...
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