Month

June 2016
Quinn v State of Queensland (No. 2) [2016] QDC 156 A bowel cancer patient on the public list at Rockhampton hospital has battled objections to the delay in start of injury compensation proceedings caused by the 3 ½ years it took to obtain a medical report supportive of her case against a surgeon who provided unconventional...
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The National Injury Insurance Scheme (Queensland) Bill 2016, was assented to on the 14 June 2016. The bill was constructed as follows: Chapters 2 – 10, Part 1 enacts National Injury Insurance Scheme (Queensland) Act 2016 Chapter 10, Part 2, Division 1 amends Civil Liability Act 2003 Chapter 10, Part 2, Division 2 amends Motor...
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Allianz Australia Insurance Limited v Corowa [2016] QCA 170 The facts involved a claim for personal injuries arising out of the use of a motor vehicle, with a pre-proceedings requirement under the Motor Accident Insurance Act 1994 (Qld) before litigation could commence. The injury giving rise to the claim was alleged to have occurred on...
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The Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016 proposes changes to the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (the Act). The Bill was introduced to Parliament on the 14 June 2016.  Legislative amendments to maintain the status quo in the workers’ compensation scheme Demise of Byrne Clause 5 and 31...
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Eaton v TriCare (Country) [2016] QCA 139 Further to the earlier post, the trial decision was overturned on appeal, based on the findings that the pleaded case was not one of an intentional tort, but rather vicarious liability for the harassing and belittling conduct of Ms Harrison, which the court found amounted to a breach...
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The update for my App is in its testing stage. If you have an Android device and undertake calculations using the discount and deferred tables (3% / 5% / 6%) for future present values, this may be of interest. New features include: Introduction of the 6% tables; updated superannuation rates (below) and extended multiplier periods...
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Brisbane City Council v Gillow & Simon Blackwood (Workers’ Compensation Regulator) [2016] ICQ 7  There has been some uncertainty as to when an employer may seek leave to intervene and be heard. Justice Martin has made clear that in the instance of an appeal filed by worker, the employer cannot intervene. Martin J: Does the...
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Carangelo v State of New South Wales [2016] NSWCA 126 I refer you to the earlier post and headnote. Section 5D(2) of the NSW provision is identical to the analogous Queensland provisions under s.11(2) Civil Liability Act 2003 and s.305D(2) of the Workers’ Compensation and Rehabilitation Act 2003. “(2) In deciding in an exceptional case,...
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Robinson Helicopter Company Incorporated v McDermott [2016] HCA 22 (8 June 2016) I refer you to the High Court’s judgment summary. In allowing the appeal the High Court held as follows regarding causation: Causation Having found that Mr McDermott had not established that Robinson breached its duty of care to him, the judge did not...
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Prasad v Ingham’s Enterprises Pty Ltd [2016] QCA 147 Further, to the earlier post, the appeal while allowing breach, again stumbled for the plaintiff on causation. Boddice J (Fraser and Philip McMurdo JJA agreeing): [76] In determining whether there had been a breach of the duty of care, the question for the primary Judge was...
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