Month

April 2015
Ireland v B & M Outboard Repairs [2015] QSC 084 A Townsville outboard motor repair shop has been held liable for severe injuries sustained by a customer as a result of injuries caused by its workmanship. Colin Ireland’s Haines Hunter half-cabin exploded at the Oyster Point jetty around 4am on an April 2006 Monday, just as he...
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Lee & Anor v State of Queensland [2015] QDC 083 A “badly written” account of the goings on at an imaginary Queensland junior school is alleged to have been based on real dramas in the private lives of staff at an outer Brisbane primary institution, fed to the author by one of their number who was his...
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Blackwood v Toward [2015] ICQ 008 Martin J, President of the Industrial Court of Queensland has held that the decision of Hall Hall P in WorkCover Queensland v Downey was wrongly decided: [9] The Commissioner had to determine whether the application for compensation was valid, that is, whether it had been lodged within the six...
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Bunning v Centacare [2015] FCCA 280 On a strike out application Judge Vasta found that sexual behaviour and in particular, polyamorous behaviour is not akin to sexual orientation. The strike out application was allowed. David Cormack – Brisbane Barrister & Mediator
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  Start date Eligibility age Birth date 65 Born before July 1952 From 1 July 2017 65.5 From 1 July 1952 to 31 December 1953 From 1 July 2019 66 From 1 January 1954 to 30 June 1955 From 1 July 2021 66.5 From 1 July 1955 to 31 December 1956 From 1 July 2023...
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Palmer & Ors v State of Queensland [2015] QDC 63 The four plaintiffs were engaged in employment at the Maryborough Office of the Office of Disability Services Queensland in 2008, in both administrative and managerial positions. A dispute arose in late 2008 and early 2009 between a number of employees with words, rumours and malicious...
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Franklin v Blick [2014] ACTSC 273 The factual circumstances are straightforward. Two cyclists were abreast in a cycle lane. The left hand cyclist hit a large piece of wood causing the cyclist to collide with the right hand cyclist, forcing him into the path of a car and suffering significant injuries. Below is some commentary...
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Hogan v Allen Taylor & Company Ltd [2015] QDC 85 A useful discussion of the authorities regarding prejudice when making an application to extend the limitation period pursuant to s 31 of Limitation of Actions Act 1974 (Qld). Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Hertess v Adams...
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Perisher Blue Pty Ltd v Nair-Smith [2015] NSWCA 90 In the present case, the source of the respondent’s injuries was the impact of the chair’s right armrest with her groin. In Shaw v Thomas [2010] NSWCA 169 at [43] Macfarlan JA said: “Under the general law relating to the tort of negligence it is well...
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Central Darling Shire Council v Greeney [2015] NSWCA 51 Before: Macfarlan JA Sackville AJA Beech-Jones J Decision: Appeal dismissed with costs                               TORTS – negligence – duty of care – the respondent was employed by a road maintenance and repair subcontractor...
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