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May 31, 2014
New premium for workers’ compensation was announced and details are available at http://www.workcoverqld.com.au/insurance/premium-2014   The new average premium is $1.20, which undercuts the Victorian 13/14 premium by 9.8 cents.   David Cormack – Brisbane Barrister.
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Australian Securities and Investments Commission v Managed Investments Pty Ltd (No 7) [2014] QSC 72   JUDGE: Douglas J ORDER: Direct that, pursuant to the Uniform Civil Procedure Rules1999 (Qld) r439(5)(b), the affidavit of Mr Jason Maywald be used without Mr Maywald being cross-examined in relation to it. CATCHWORDS: EVIDENCE – AFFIDAVITS AND STATUTORY DECLARATIONS–...
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Jamieson v Westpac Banking Corporation [2014] QSC 32 David Cormack – Brisbane Barrister.  
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Mio Art Pty Ltd v Mango Boulevard Pty Ltd and Ors (No 5) [2014] QSC 081   JUDGE: Philip McMurdoJ   ORDER:  1. Leave    for    the   plaintiff      to    amend   the    claim according to the annexure to the application filed 17 Feb 2014, save for paragraph 10 of that document. 2. Paragraphs 49.5, 49.7, 49.8 and...
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Taylor v The Owners – Strata Plan 11564 [2014] HCA 9 I refer you to the judgment summary. David Cormack – Brisbane Barrister.
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Re K [2014] QSC 94   JUDGE:                     Atkinson J ORDERS:                  1. The applicant is authorised to make the proposed will. CATCHWORDS: SUCCESSION – MAKING OF A WILL – TESTAMENTARY CAPACITY – MINORS – where the applicant is a minor – where the applicant’s personal injury claim is expected to settle for a significant award of damages...
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Johnston v Stock [2014] NSWCA 147   Before Meagher JA at [1]; Barrett JA at [10]; Ward JA at [41] Decision 1. Appeal allowed. 2. Set aside the judgment and orders of the District Court dated 15 August 2012 and in lieu thereof order as follows: (a) Judgment for the defendant. (b) Order that the...
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By Robert Sheldon Waco Kwikform Ltd v Perigo and Workers Compensation Nominal Insurer [2014] NSWCA 140 Catchwords TORTS – negligence claims by employee of independent sub-contractor against his employer and principal sub-contractor – employee injured whilst dismantling birdcage scaffolding – scope of duty of care of principal sub-contractor where had assumed responsibility to devise and supervise...
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By Robert Sheldon. Libke v R [2007] HCA 30; (2007) 235 ALR 517 CATCHWORDS Criminal law – Practice and procedure – Cross-examination – Appellant convicted at trial before jury of certain sexual offences against intellectually impaired person – Whether “miscarriage of justice” under s 668E(1) of Criminal Code (Q) by reason of manner in which...
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By Robert Sheldon   Boral Bricks Pty Ltd v Cosmidis (No 2) [2014] NSWCA 139   McColl JA at [1]; Basten JA at [75]; Emmett JA at [128](agreeing with Basten JA)   79 The appellant submitted that the case must be decided by reference to s 5R of the Civil Liability Act 2002 (NSW). That section...
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