February 25, 2014
State of Queensland v Kelly [2014] QCA 27 Further to my earlier post, the Court of Appeal dismissed the appeal by the defendant in relation to finding of obvious risk within the meaning of s 13 of the Civil Liability Act 2003 (Qld). Fraser JA delivered the leading judgment with Philippides and Henry JJ concurring:...
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The Trust Company Limited v Gibson & Anor [2012] QSC 183   The decision of her Honour Mullins J is significant in its departure from previous Queensland decisions. Mullins J preferred the reasoning in RL v NSW Trustee and Guardian [2012] NSWCA 39 and so held the sale of the matrimonial home to fund the...
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