Month

May 2016
Talty v Cotton On Group Services Pty Ltd [2016] QDC 99 Butler J The plaintiff was employed by the defendant, Cotton On, as a team supervisor at the defendant’s warehouse. In 2012, the plaintiff was injured when a pallet weighing approximately 100kg fell from a height of 6 metres and struck her. The injuries were...
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Personal Injuries Proceedings Regulation 2014 – SECT 12 12 Prescribed limits for particular definitions—Act, schedule 12 Prescribed limits for particular definitions—Act, schedule (1) This section prescribes the amount for the definitions declared costs limit, lower offer limit and upper offer limit in the schedule of the Act. (2) For an injury arising during a period...
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Woolworths Limited v Day & Others [2016] QDC 81 Kingham J The claimant/first respondent was injured when she slipped on a shallot on the floor of a Woolworths store. The claimant was self-represented. The application dealt with in part matters arising under the Personal Injuries and Proceedings Act 2002 (Qld) (PIPA) and were, inter alia:...
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Badenach & Anor v Calvert [2016] HCA 18 French CJ, Kiefel, Gageler, Keane and Gordon JJ The appellant was a solicitor instructed to prepare a will for his client (“the client”) by which the entirety of the client’s estate was to pass to the respondent. The will was drawn according to the client’s instructions and...
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Downes v Affinity Health Pty Ltd [2016] QCA 129 Holmes CJ, Morrison, Philip McMurdo JJA The applicant was a registered nurse employed at a hospital. In 2007, a post-operative patient (the patient) under the care of the applicant attempted to leave her bed. The applicant intercepted the patient and, with assistance with another nurse, helped...
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Military Rehabilitation and Compensation Commission v May [2016] HCA 19 French CJ, Kiefel, Gageler, Nettle and Gordon JJ The respondent served in the Royal Australian Air Force (RAAF) before being discharged. He had complained that he had become dizzy as a result of certain vaccinations he received while employed by the RAAF. The respondent applied...
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Attwells v Jackson Lalic Lawyers Pty Ltd [2016] HCA 16 French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ The appellant guaranteed the payment of liabilities of a company amounting to approximately $3.4M. The guarantor’s liability was capped at $1.5M. The company defaulted on the payment of its liabilities and the bank brought proceedings...
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Rayner v Brisbane City Council [2016] QDC 100 Clare SC DCJ The plaintiff was employed by the Brisbane City Council (BCC) as a bus driver. The plaintiff suffered an injury in 2009 when he turned his neck to the left to look toward the back of the bus to attend to a commotion between passengers....
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Butcher v Inflight Logistics Services Pty Ltd [2016] QDC 101  Moynihan QC DCJ The plaintiff was employed by the Inflight Logistics Services (ILS) to load and unload food and beverage from selected aircraft at Brisbane Airport. The plaintiff used a hydraulic bin lifter attached to a truck to load and unload the food and beverage....
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Findlay v Queensland Folk Federation Inc and Ors [2016] QDC 87 Reid DCJ The plaintiff was injured on the morning New Year’s Day 2008 at the Woodford Folk Festival in the Chai tent when stage lights toppled onto her. The plaintiff claimed: (i)           a closed head injury with resulting concussion; (ii)         bruising and lacerations to...
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