Day

June 18, 2014
Johnson & Anor v Hancock [2014] QCA 130 McGill DCJ Knew or ought to have known [19] It will be apparent therefore that I have significant concerns about the credibility of the defendants. On the whole I was not impressed with either of them in the witness box, and neither struck me as a particularly...
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Kemp Meats Pty Ltd v Tompkins [2014] QCA 125 The appeal was allowed on the basis of a reduction in damages. The appeal was not allowed in relation to contributory negligence.   Catchwords TORTS – NEGLIGENCE – CONTRIBUTORY NEGLIGENCE – PARTICULAR CASES – OTHER CASES – where the respondent slaughterman sustained a workplace injury while...
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Thomas Borthwick & Sons (Australia) Pty Ltd v Ataera [2014] QCA 123 Muir JA with whom Morrison JA and Dalton J concurred. APPEAL AND NEW TRIAL  – APPEAL  – GENERAL PRINCIPLES  – INTERFERENCE WITH JUDGE’S FINDINGS OF FACT  – FUNCTIONS OF APPELLATE COURT  – FINDINGS ON ISSUE OF NEGLIGENCE  – GENERALLY  – where the respondent...
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Kosteski and Comcare [2014] AATA 217 Catchwords COMPENSATION – definition of injury – excludes diseases or injuries resulting from reasonable administrative action taken in a reasonable manner – injury resulted from being told to return to a workplace where she perceived she had been bullied and harassed – employer on notice of perception – should...
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Chivers v State of Queensland (Queensland Health)[2014] QCA 141 HUMAN RIGHTS – DISCRIMINATION – GROUNDS OF DISCRIMINATION – DISABILITY OR IMPAIRMENT – EMPLOYMENT – where in 2004 the appellant sustained a head injury from a horse riding accident – where in 2008 the appellant commenced a Graduate Nurses Program with the respondent – where a...
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Windley v Gazaland Pty Ltd T/A Gladstone Ten Pin Bowl [2014] QDC 124 NEGLIGENCE – OCCUPIERS LIABILITY – fall at bowling alley – whether breach of duty of care – whether damage caused by breach of duty and/or breach of contract – whether voluntary assumption of risk – whether contributory negligence EVIDENCE – circumstantial evidence...
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Some recent examples: Maritime Union of Australia v DP World Melbourne Limited [2014] FCA 134 Maritime Union of Australia v DP World Melbourne Limited [2014] FCA 436 Brisbane Barrister – David Cormack
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