Month

September 2014
Tinworth v Haydon & Insurance Australia Limited[2014] QCA 183  Steven Tinworth was heading south in heavy rain along the Cuningham Highway on 10 January 2011 about 50 km to the east of where – just a few hours later – an inland tsunami sweeping down the Lockyer Valley would tear asunder lives and property. Read more… Reproduced with the...
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Drew v Mackay Sugar Ltd [2014] QDC 216 Durward SC DCJ A millworker injured at a plant operated by the Mackay Sugar co-operative has sued the organisation for an injury sustained in September 1994 for which no witnesses or incident report could be located to verify the fact that the accident even occurred. Read more… Reproduced with the permission...
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I refer you to the Benchbook for General Protections prepared by the FWC.   David Cormack – Brisbane Barrister & Mediator
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Callide Power Management P/L & Ors v Callide Coalfields (Sales) P/L & Ors; CS Energy Ltd v Callide Coalfields (Sales) P/L & Ors [2014] QSC 205   Jackson J UCPR 171 [17] There are different ways in which a party may challenge a question raised by their opponent’s pleading. Where the object of the challenge...
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Sherman v Condon [2014] QDC 189   Long SC DCJ   [21] Before concluding, another issue should be noted. In this matter and after the hearing of the application and without seeking or being granted any leave to do so, counsel for the applicants forwarded written supplementary submissions to Court[30].   [22] Whilst Practice Direction...
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Robinson v BP Griffin Builders Pty Ltd [2014] QDC 213   Samios DCJ   [1] HIS HONOUR: This matter came before his Honour Judge Andrews on the 14th of April 2014. On that occasion his Honour ordered that the plaintiff file and serve an affidavit as to his legal capacity within five business days. His...
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Burford v RSL (Queensland) War Veterans’ Homes Limited [2014] QDC 203   The evidence of Doctors Williams and McPhee were preferred to Dr Pentis in dismissing an over period of time back injury claim, in the absence of a traumatic event or identifiable activity. Clare SC DCJ   Breach of duty [11] It was the...
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McDermott & Ors v Robinson Helicopter Company (No 2) [2014] QSC 213 [13] The jurisdiction to award costs is statutory.[8] The statutory source of the power would currently appear to be s 15 of the Civil Proceedings Act 2011 (Qld), which is as follows: “15 Power to award costs A court may award costs in...
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Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33 (10 September 2014) I refer you to the High Court judgment summary. David Cormack – Brisbane Barrister & Mediator
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Amos v Wiltshire [2014] QCA 218 Muir JA delivered the judgment with whom North J and Flanagan JJ concurred. His Honour allowed the appeal based on the neglect of the applicant’s solicitors without irreparable prejudice, but awarded indemnity costs in favour of the respondent and made note of the following: [16] Mr Collinson’s cross-examination revealed...
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