Month

October 2015
Woolworths Limited v Perrins [2015] QCA 207 The appeal flowed from the unreported judgment of now retired judge Botting. I refer to my earlier post regarding the trial and first instance decision. His Honour McMeekin J delivered the leading judgment with whom Fraser and Gotterson JJA agreed with. The judgment comprehensively deals all the elements...
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The process for appeals in the Queensland Industrial Relations Commission (Q.I.R.C) for workers’ compensation appeals has changed (effective from 1 October 2015). You are referred to the Appeals Guide which details the mandatory directions for the conduct of the appeal; tighter time frames; the requirement for the Appellant to file a Statement of Facts and Contentions...
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Bulsey & Anor v State of Queensland [2015] QCA 187  A further chapter in the extraordinary consequences flowing from the violent death of Cameron Doomadgee at the Palm Island police compound  in November 2004 has closed after the state’s highest court awarded substantial compensation to two residents caught up in recriminatory police raids that followed community protests. David Bulsey...
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Further to the earlier post introducing the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2015. On 17 September 2015 the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill was passed and assented to on 24 September 2015 – Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2015 (Act No. 13 of 2015)....
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Waugh v Simon Blackwood (Workers’ Compensation Regulator) & Anor [2015] ICQ 28 The appellant worked for State Library of Queensland (SLQ) and she along with other female colleagues were covertly photographed by a male work colleague, Mr McGregor. The photographs concentrated their chest areas and were numerous (2500+). Many of the photographs did not depict...
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Marshall v GJ & KM Church and Jomik Investments [2015] QDC 248 The plaintiff worked for a cleaning contractor (Church/ Panther Cleaning) who provided services to the franchisee (Jomik) of a MacDonald’s store at Harbour Town. The plaintiff’s claim was for personal injuries occasioned by an assault in the carpark adjacent the store. The plaintiff’s...
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Alcan Gove Pty Ltd v Zabic [2015] HCA 33 (7 October 2015) I refer to the earlier posting regarding the first instance and Court of Appeal (NT) decisions. The High Court dismissed the defendant’s appeal and upheld the Court of Appeal decision in favour of the plaintiff. The debate has raged as to whether the...
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Bird v Uniting Church in Australia Property Trust (Q) [2015] QDC 243 The plaintiff’s claim failed principally because she was an unimpressive witness whose credibility could not be accepted in the light of contrary evidence from her G.P, supported by contemporaneous records and bolstered by other unsavoury conduct, which was less than frank and honest....
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Hamcor Pty Ltd & Anor v State of Queensland & Ors [2014] QSC 224 A useful discussion of a novel circumstance of whether the Queensland Fire and Rescue Service (QFRS) owed a duty of care when attending a large chemical fire by the use of water, which subsequently became contaminated with chemicals. If owed, was it...
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