Month

November 2015
Milling v Fraser Coast Regional Council [2015] QDC 291 The applicant was close to turning 62 when the decision was delivered. Over the period from 2009 – 2011 the applicant injured his back at work, but on each occasion returned to work on full duties, albeit with occasional pain. In 2013 the applicant woke at...
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Kennedy v Queensland Alumina Limited [2015] QSC 317 The defendant admitted liability, but claimed contributory negligence pursuant to s 305H of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) and disputed the damages claimed. The plaintiff was injured when caustic soda flowed out of a pipe he was working on and came into contact with his left heel...
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Sharp v Carlin & Anor [2015] QDC 288 The plaintiff’s damages were agreed at $175,000.00 but liability for walking across Adelaide Street, Brisbane between traffic and not at the designated pedestrian crossing was in dispute. Samios J dismissed the claim finding the bus driver could not have prevented the collision or taken more care than...
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A, DC v Prince Alfred College Inc [2015] SASCFC 161 Headnote: Appeal against a dismissal of a claim for damages for personal injury. The appellant was enrolled as a boarder in the boarding house of the respondent school in 1962, when aged 12 years. The appellant was sexually assaulted on at least 20 occasions over...
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Schuller v S J Webb Nominees Pty Ltd [2015] SASCFC 162 Headnote: The appellant, while inebriated, fell from a chair on which she was dancing at the Port Broughton Sunnyside Hotel-Motel, suffering serious injury to her right leg. The appellant sued the respondent, as proprietors of the hotel, in negligence and for breach of statutory...
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Further to the earlier post regarding amendments abolishing thresholds. Workers’ claims after 15 October 2013 and before 31 January 2015 where the DPI is 5% or less Where the worker does not have an entitlement to common law because the DPI is 5% or less during the period of 15 October 2013 until 30 January...
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Schultz v McCormack [2015] NSWCA 330 The New South Wales Court of Appeal has upheld an injured’s guests appeal who slipped on wet tiled steps. The factual matrix would be common to many households – around midnight a guest leaves the residence of long term friend after it has rained earlier that evening, and slips...
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Construction, Forestry, Mining and Energy Union v Anglo Coal (Dawson Services) Pty Ltd [2015] FCAFC 157 The appellant, Mr Byrne was the Lodge President of the CFMEU at the Dawson Mine at Moura in central Queensland and employed on the mine. In that capacity the Mr Byrne had been involved with negotiating with the respondent...
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Media Release Treasurer, Minister for Employment and Industrial Relations and Minister for Aboriginal and Torres Strait Islander Partnerships – The Honourable Curtis Pitt Wednesday, November 11, 2015 The Queensland Government is considering options to implement the National Injury Insurance Scheme (NIIS) to provide reasonable and necessary care and support for people catastrophically injured in road traffic...
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The Queen v Pham [2015] HCA 39 (4 November 2015) I refer you to the High Court judgment summary and the decision of the court that the Court of Appeal in Victoria erred in taking into account the sentencing practices in Victoria to the exclusion of other jurisdictions. In particular the approach as exposed by...
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