Month

August 2015
Hewitt v Bayntun & Allianz Australia Insurance Ltd [2015] QSC 250 McMeekin J His Honour considered whether a claim compromised in sum of $1,000,000 was required to be sanctioned pursuant to s59 Public Trustee Act 1978 (Qld) and whether an administrator should be appointed – ‘a person with impaired capacity for a matter within the meaning of the...
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Huhu v Simon Blackwood (Workers’ Compensation Regulator) [2015] ICQ 021 An example of another interval / interlude decision flowing from a factual matrix of the worker being at home when the injury was sustained, and hot on the heels of the running out the shower decision (on appeal), both decided at first instance by Deputy President...
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Perilya Limited v Nash [2015] NSWSC 706 Further to the earlier post about the powers of inspectors when entering a workplace, the Supreme Court of NSW has refused leave to appeal the conviction and sentence imposed on the company for failing to produce records, including minutes of Board meetings from the company’s interstate head office....
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State of New South Wales v Shaw [2015] NSWCA 97  HEADNOTE – [This Headnote is not to be read as part of the judgment] In 1999, Mr Shaw and Ms Salt (the respondents/cross-appellants) were appointed as probationary teachers assigned to the Bourke Public School. The State of New South Wales (the appellant/cross-respondent) was deemed to...
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Gramotnev v Queensland University of Technology [2015] QCA 127 I refer to the earlier posting wherein McMeekin J’s decision was in the main upheld, save whether the policy regarding disciplinary action for misconduct and serious misconduct contained contractual terms, which Jackson J found it did (Margaret McMurdo P and Holmes JA agreeing): [3] The question...
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Hornby v Opbroek & Anor [2015] QDC 101 Pursuant to r 483 of the Uniform Civil Procedure Rules 1999 (“UCPR”), a declaration was sought that the Motor Accident Insurance Act 1994 (“MAIA”) applied to circumstances set out in the Agreed Facts and pleadings. The facts were the plaintiff was injured when hit by broken glass. It was stated the first...
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Prasad v Ingham’s Enterprises Pty Ltd [2015] QDC 200 Whilst it seems the plaintiff’s credibility did not assist in a finding in her favour, the claim was cruelled by causation obstacles, which fatally infected breach of duty. If there was any doubt as to the repeal of the provisions in Workplace Health and Safety Act...
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Zecevic v Simon Blackwood (Workers’ Compensation Regulator) & Anor [2015] QSC 232 The applicant sought a judicial review of a decision made by the Medical Assessment Tribunal (Tribunal) that the applicant’s autoimmune disorder of diffuse scleroderma was not work related. There was competing medical evidence as to whether it was. The applicant submitted pursuant to s...
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Downes v Affinity Health Pty Ltd [2015] QDC 197 Fatal to the plaintiff’s claim was her inability to establish with precision what the offending manual handling or the mechanism of injury was. This was compounded by not being able to establish the employer’s breach of duty or causation. David Cormack – Brisbane Barrister & Mediator
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Subsection 19(2) of the Superannuation Guarantee (Administration) Act 2012:   Period Rate Year starting on 01 July 2015   9.50% Year starting on 01 July 2016   9.50% Year starting on 01 July 2017   9.50% Year starting on 01 July 2018   9.50% Year starting on 01 July 2019   9.50% Year starting on...
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