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February 2014
Hall v Don Faulkner Motors Pty Ltd & Ors [2013] QSC 331   WorkCover Queensland acting on behalf of the deregistered employer company resisted a claim of dependency for a worker who died in May of 1995, but whose claim for dependency was brought in July 2011. The plaintiff argued that there was no limitation...
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Stagg v North & Ors [2014] QSC 8   The applicant contended the GMAT failed to take into account relevant parts of AMA 4 so that the tribunal’s decision involved an improper exercise of its power thereby providing a ground for review under s 20(2)(e) of the Judicial Review Act. In support the applicant also...
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Lucantonio v Stichter [2014] NSWCA 5   McColl JA at [1], Basten JA at [96], Barrett JA at [145] 79 In order to establish that any breach of duty on the respondent’s part caused the appellant harm, the appellant had to establish that that negligence was a necessary condition of the occurrence of that harm,...
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Plumley v Moroney & Ors [2014] QSC 3 UCPR: 72, 93, 95, 367 & 390 A useful discussion of the criteria for appointment of a litigation guardian and whether evidence can be given at trial by affidavit rather than orally.  Margaret Wilson J Applications for leave to proceed and the appointment of a litigation guardian...
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