Month

February 2016
Simon Blackwood (Workers’ Compensation Regulator) v Civeo Pty Ltd and Anor [2016] ICQ 001 Martin J, President. Mr Cumbers (second respondent) was employed by Civeo Pty Ltd (first respondent) to repair commercial appliances at five accommodation camps. His job required him to travel between camps, and as such he was provided with a donga for...
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Blackwood v Ziebarth [2016] ICQ 005 Further to the earlier post the appeal was dismissed. Martin J, President The respondent was injured at home when hurrying out of the shower to answer his work mobile. The respondent slipped and fell when attempting to exit the bathroom. The Regulator’s refusal of compensation was overturned by the...
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Look Design and Development Pty Ltd v Sweeney & Anor [2015] QDC 36 A useful reminder of the Court’s discretion under Part 6 of the Civil Proceedings Act 2011 (CPA) and r 5 of the Uniform Civil Procedure Rules 1999 (UCPR) – despite the claim being close to trial, objections to a range of matters,...
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CGU Insurance Ltd v Blakeley & Ors [2016] HCA 2 I refer you to the judgment summary. The issue in dispute before the High Court was whether the exercise of the Supreme Court of Victoria’s federal jurisdiction extended to joining the insurer, CGU under section 562 of the Corporations Act (and s.117 of the Bankruptcy Act...
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Farnham v Pruden & Anor [2016] QCA 18 Further to my earlier post the Court of Appeal has followed its decision in Ballandis v Swebbs & Anor [2015] QCA 76. It is now abundantly clear that by reason of s 5(1)(b) of the Civil Liability Act 2003 (CLA), in circumstances where a “journey claim” arises under s...
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Mathews v Winslow Constructors (Vic) Pty Ltd [2015] VSC 728 There was significant conduct of a sexually explicit nature which Ms Matthew complained of. Initially her manager in response laughed at her, but she was moved and the conduct stopped. However, some 9 months later she was moved back and the conduct resumed including an...
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Dent v Langs Building Supplies Pty Ltd [2015] QSC 368 Justice Burns rejected the application to extend the limitation period under the Limitations of Actions Act 1974 (the Act) based on the material fact was within the applicants means of knowledge of the applicant, Ms Christine Dent. Ms Dent injured her back on 16 June 2011 and...
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  Hannaford v Barrett & Anor [2016] FCCA 106 The applicant made an adverse action claim alleging her dismissal was in contravention of the general protection provisions of the Fair Work Act 2009. As required the matter commenced in the Fair Work Commission (FWC) and proceeded to a conciliation conference, following which a certificate was...
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