Month

July 2014
Lewis v Green Mountain Food Processing Pty Ltd [2014] QDC 149 Reid DCJ Coominya abattoir operator Green Mountain, has escaped liability for a back injury to an 18-yr-old boning room worker, after a Brisbane judge ruled the labourer’s evidence of how the injury occurred and the extent of his symptoms, was “extremely unreliable”. Read more… Reproduced with the...
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It’s been 5 years and in that time there has been: 100,000 ‘clicks’; 883 new subscribers to the newsletter; 1,165 blog items posted; & Free App (Damages Calculator) launched. Thank you! You may have noticed there have been a few changes to the webpage. Your feedback is appreciated. Due to increased interest in Mediations and...
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Walker v Symonds & Anor [2014] QCA 148 A judges’ decision to refuse personal injury compensation to a jogger who collided with a SUV in suburban Kallangur has been ruled by three appeal judges, as illogical and unreasonable. Read more… Reproduced with the permission of Carter Capner Law. David Cormack – Brisbane Barrister & Mediator
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Oaks Hotels and Resorts (Qld) Pty Ltd v Blackwood and Anor [2014] ICQ 23 I refer to earlier postings about Comcare v PVYW [2013] HCA 41. The President was at pains to make the point that the definition of “injury” as defined in s 32 of the Workers’ Compensation and Rehabilitation Act 2003 (the WCRA)[1]...
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Studorp Limited v Robinson [2014] QCA 174 Jackson J’s decision was upheld on appeal and not interfered with. David Cormack – Brisbane Barrister & Mediator
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Karimbla Construction Services Pty Ltd v President of the Industrial Court [2014] QSC 56 Administrative law – Prerogative writs and orders – Certiorari – where complaint made of offence under Workplace Health and Safety Act 1995 (Qld) – where application to strike out charges dismissed and appeal dismissed – where applicant alleges failure to particularise acts...
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The following recent decisions are of interest: Allegation of being a whistle blower – The Applicant v The Respondent [2014] FWC 3189  Allegation of physical assault – David Browne v Coles Group Supply Chain Pty Ltd [2014] FWC 3670 Allegations of WorkCover fraud – Kinnane v DP World Brisbane Pty Limited [2014] FWC 4541  ...
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I refer you to the Media Release by the Department of the Prime Minister and Cabinet: On 30 June 2014, ministers responsible for work health and safety from all Australian governments agreed to release an Issues Paper and Consultation regulation impact statement (RIS) examining improvements to the model Work Health and Safety (WHS) laws. In...
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Commissioner of Taxation v Hunger Project Australia [2014] FCAFC 69   I refer you to the article by Neumann & Turnour Lawyers   David Cormack – Brisbane Barrister & Mediator
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Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 is of interest. It is an appeal decision following a decision pursuant to s 46PO(4)(d) of the Australian Human Rights Commission Act 1986(Cth) for sexual harassment at work. For similar matters (Anti-Discrimination Act 1991 (Qld) s.209 (1)(b)) or those matters where common law general damages are...
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