Month

February 2015
Baillie v Jackson [2015] QDC 31 The plaintiff was a former police officer working for a security provider to a licensed premises hosting a wedding. In the course of his duties when speaking to one of the wedding guests the plaintiff was assaulted by the guest. Judge McGill found the assailant was not showing signs of intoxication...
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BlueScope Steel Ltd v Cartwright [2015] NSWCA 25 The employee driver in first instance was successful, but lost the appeal on the finding that the speed of the truck caused the load to become unstable. In determining whether the manufacturer of the product, which product moved in the truck had any liability by reference to guidelines/warnings...
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Basa v Cartwright & Anor [2015] QDC 27 A practical example of how differing expert medical evidence may be preferred. Doctors Fitzpatrick and Goode were not preferred in relation to their views about the plaintiff’s abnormal injury behaviour or dishonesty. Dr Wallace’s view to the contrary was preferred and this was assisted by the corroborating...
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Goodhue v Volunteer Marine Rescue Association Incorporated [2014] QDC 29 Judge McGinness decided in the defendant’s favour on factual matters, which were determinative of the type of anchor in place and consequences on causation. However, His Honour went on to provide guidance as to how s.39 of the Civil Liability Act 2003 (Qld) may be...
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Scott v Jackson Garden Landscape Supplies Pty Ltd QDC 018 The issue on trial was limited to whether the defendant employer ‘overstated’ the system of cleaning and did not use the system. The plaintiff was not assisted by 7 years having transpired and not being able to isolate the item on the pathway, which caused...
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Carlyon v Town & Country Pubs No. 2 Pty Ltd T/A Queens Hotel Gladstone [2015] QSC 13 The decision turned on the acceptance by her Honour Ann Lyons J of the evidence of the investigating police officer’s recollection of the CCTV footage about the eviction from the pub, which the plaintiff sustained his injuries from....
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Krleski v Simon Blackwood (Workers’ Compensation Regulator) [2015] ICQ 6 The worker/appellant suffered a “multi organ impairment (aspiration pneumonia, septic shock – rhabdomyolisis, liver damage) and acquired severe brain injury”. The injury occurred whilst the worker was in accommodation off the Daunia Mine near Moranbah, which was not affiliated to his employer. His work cycle was...
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Bowker v DP World Melbourne Limited [2014] FWCFB 9227 Since 1 January 2014 a worker as defined in the Work Health and Safety Act (Cth.) for which there are analogous provisions in Queensland (excepting most notably Qld Public Servants), may apply to the Fair Work Commission (FWC) under s.789FF(1)(b)(i)) of the Fair Work Act 2009...
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Hunter Quarries Pty Ltd v State of New South Wales (Department of Trade & Investment) [2014] NSWSC 1580 On 1 January 2012 the Work Health and Safety Act 2011 commenced in Queensland. It mirrored legislation by the Commonwealth and Territories and was also adopted by New South Wales and later by Tasmania and South Australia...
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Mules v Ferguson [2015] QCA 5 Further to my earlier post – the Court of Appeal upheld the appeal of the plaintiff (McMurdo P and Boddice J with Applegarth J dissenting) because: There was evidence of restriction of movement of the neck, which if the G.P exercised reasonable care and skill, warranted a physical examination, and...
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