Month

August 2015
Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28 High Court of Australia French CJ; Bell, Gageler, Keane & Nettle JJ The appellant worker was employed by the respondent to work in their abattoir and claimed for an injury suffered whilst working at the abattoir. The respondent defended the claim on the basis it was...
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Pollock v Thiess Pty Ltd & Ors (No 3) [2014] QSC 121 McMeekin J reviewed the authorities concerning s 39 of the Personal Injuries Proceedings Act 2002 (Qld) (“PIPA”) and came to the conclusion the onus of proof effectively shifted to the party denying indemnity costs – to establish a prudent reason to reject an...
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Glasson v Toll Holdings Limited [2015] QDC 204 The applicant sought an order that the Notice of Claim complied with section 275 of the Workers’ Compensation and Rehabilitation Act 2003. Unfortunately for the applicant, while the Notice of Claim was served within the limitation period, compliance or a waiver was not granted by the self-insurer. Central...
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Wynne v Davey & Anor [2015] QSC 200 They arrived in Melbourne from a bitterly cold UK winter just two weeks earlier and were making their way north along the coast basking in Queensland’s December warmth. One place not to be missed was Seventeen Seventy, the idyllic township on the eastern end of Bustard Bay into which James...
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Casey v Pel-Air Aviation Pty Ltd; Helm v Pel-Air Aviation Pty Ltd (No 2) [2015] NSWSC 734 Schmidt J, 12 June 2015 Casey v Pel-Air Aviation Pty Ltd; Helm v Pel-Air Aviation Pty Ltd [2015] NSWSC 566 Schmidt J 15 May 2015 In some cases, not only can a person’s mind be adversely affected by distress...
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I refer you to: Vincents Chartered Accountants online litigation tables for 2015. Reproduced with consent.
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May v Military Rehabilitation and Compensation Commission [2015] FCAFC 93 The Full Court of the Federal Court of Australia has changed the approach to whether an injury has been sustained by reference to a “sudden or identifiable” physiological change under s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act). Allsop CJ, Kenny, Besanko, Robertson...
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Coles Group Limited v Costin [2015] QCA 140 The Court of Appeal held that Coles would be materially prejudiced if the plaintiff could litigated the aspect of her claim relating to inadequate training. However, subject to a suitably worded undertaking to limit the litigation to those areas not affected by the prejudice, leave was allowed....
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Canny v Primepower Engineering Pty Ltd [2015] WADC 81 In a Western Australian decision flowing from a session of heavy drinking after work, an apprentice suffered in excess of 60% burns to his body, when placing flammable substances into an old engine. The insurer denied indemnity to the employer on the basis that they acted in...
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Alameddine v Glenworth Valley Horse Riding Pty Ltd [2015] NSWCA 219 HEADNOTE [This headnote is not to be read as part of the judgment] On 21 May 2011 the appellant was injured while riding a quad bike at the respondents’ recreational facility at Glenworth Valley in New South Wales. The appellant claimed that the respondents...
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