Month

May 2014
Larner v George Weston Foods Ltd [2014] VSCA 62   1 The appellant, David Larner, (‘Larner’), appeals against a judgment entered by a judge of the County Court in favour of his former employer, George Weston Foods Limited (‘GWF’), the respondent to the appeal. Larner had brought proceedings alleging that between 1 February and 26...
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Embrey v Smart [2014] QCA 75   Applegarth J delivered the leading judgment with whom Muir and Morrison JJA concurred. The interpretation of r 116(1) [21] The terms of r 116(1) require a present impracticability to serve a document in a way required under Chapter 4 of the UCPR. The sub-rule does not refer in...
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Howl at the Moon Broadbeach Pty Ltd v Lamble [2014] QCA 74   The plaintiff was struck with a metal pole by a co-worker coming to the ‘rescue’ of colleague who was involved in fracas outside of their place of employment, a nightclub. Muir JA delivered the leading judgment with whom Holmes JA and Ann...
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Campbell v Hay [2014] NSWCA 129.   Meagher JA at [1]; Barrett JA at [7]; Ward JA at [10] 110 For the purposes of division 5 of the Civil Liability Act, a “dangerous recreational activity” is defined in s 5K as meaning a recreational activity that involves “a significant risk of physical harm”. Relevant activity...
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Chambers v Brice [2014] QSC 52   A useful review of the application of interest under the Civil Proceedings Act 2011.   Brisbane Barrister – David Cormack
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The draft report by the Productivity Commission was released on 8 April 2014 and submissions are due by 21 May 2014. The most controversial recommendation is for ‘damages billing’ or contingency fees to be permitted in most civil matters, provided there is comprehensive disclosure.   Brisbane Barrister – David Cormack
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