Month

March 2016
WCRA: lack of corroboration sinks work injury claim Sinclair v Sunshine Coast Independent Living Service Inc [2016] QSC 63 Holmes CJ The plaintiff was employed as a disability support worker at the Sunshine Coast Independent Living Service (SCILS). She brought a claim against SCILS alleging that she sustained a back injury in the course of...
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Collins v All Metal Magic Pty Ltd and Anor [2016] QDC 48  Farr SC DCJ The applicant sought an extension of the limitation period under s.31 of the Limitations of Actions Act 1974 (LAA) and consequential leave to commence proceedings pursuant to s.298(1) of the Worker’s Compensation and Rehabilitation Act 2003 (WCRA). The applicant claimed...
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McQuitty v Midgley & Anor [2016] QSC 36 Jackson J: The plaintiff sustained multiple injuries, including a brain injury, as a result of a car accident in August 2003. Prior to the plaintiff’s injury, he suffered from a personality disorder and regularly engaged in ‘significant antisocial behaviour’. This behaviour continued after he had physically recuperated...
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Boon v Summs of Qld Pty Ltd [2016] QCA 38 Gotterson JA delivered the leading judgment with Holmes CJ and Applegarth J concurring. Three of appellant’s fingers were cut by a leatherman knife, which was held by an employee of the respondent. The knife came into contact with appellant’s hand as he walked past the...
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Sinnamon v Maher & Anor [2016] QSC 51 Flanagan J The plaintiff suffered severe traumatic brain injury as a result of a pedestrian road traffic incident. As litigation guardian, the plaintiff’s father brought a proceeding for a claim in damages. The plaintiff’s claim was settled with $1,651,500 being awarded in damages. Pursuant to the Guardianship...
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Maggs v RACQ Insurance Limited [2016] QSC 41 Boddice J The applicant’s parents died in a car crash in December 2012. The applicant  was an infant at the time. The terms of the settlement had largely been agreed between the parties. The only outstanding issue on the sanction related to whether the applicant was entitled...
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McGreevy v Cannon Hill Services Pty Ltd [2016] QSC 29 Boddice J The plaintiff suffered a back injury in March 2012 while employed by the defendant as a meat boner in a meat-processing facility. The plaintiff was boning cow carcasses when he sustained the injury. While undertaking boning work, the plaintiff was required to wear...
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The Superannuation Guarantee (Administration) Act 1992 (Cth), s 19 provides that employers are required to pay superannuation benefits at a rate of 9.5% from 1 July 2014 until the year starting on 1 July 2021, and thereafter as follows: (i) For the year starting on 1 July 2021 10%; (ii) For the year starting on 1...
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Martin v Andrews & Anor [2016] QSC 020 McMeekin J The plaintiff suffered a soft tissue injury to his lower back following a rear-end motor vehicle collision. Liability was not in dispute. The plaintiff was 39 years of age at the time of collision and 44 years of age at the date of trial. At the...
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Merton v Queensland Local Government Workcare Scheme [2016] QSC 17 Philip McMurdo JA. The applicant sustained a hip injury for which he was seeking compensation. The applicant wished to have his degree of impairment assessed by a doctor as per s 179(2)(c) of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (“the Act”). The respondent...
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