Month

September 2016
Woolworths Limited v Berhane Ghebreigziabiher Berhane [2016] QCA 238 Phillip McMurdo JA The respondent suffered a shoulder injury while employed by the applicant, Woolworths. The respondent’s case was dismissed at trial and the respondent appealed. Due to the financial standing of the respondent, Woolworths made an application for security of the costs of the appeal...
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Harvey v Simon Blackwood (Worker’s Compensation Regulator) & Anor [2016] ICQ 014 Martin J The appellant was employed by Qantas as a flight attendant. In 2013, he was subject to allegations of sexual assault made against him by a colleague which led to his arrest and incarceration. Relevantly, an internal Qantas investigation found that the...
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Polichronis v Teys Australia Food Solutions Pty Ltd [2016] QDC 225 The plaintiff’s claim of sexual assault was dismissed primarily because of factual inconsistencies and lack of corroboration as to the prior conduct and reporting of the harassment to her supervisor. On this basis, despite the employer’s sexual harassment policies and procedures being rudimentary, there...
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Morgan v JBS Australia PTY Limited [2016] QDC 226 The plaintiff / applicant sustained a fracture and laceration to his right index finger at work. After the ordinary limitation period expired, the plaintiff sought an extension of the limitation period based on a  material fact of decisive nature not being within his means of knowledge...
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Further to earlier posts the Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Act 2016 (Qld) received assent on 8 September 2016, without the s.10 Byrne amendment. Although, note the new s.236B in relation to contribution in such circumstances. An indemnity clause cannot be enforced against the insurer of the employer where: a worker makes a common law...
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Campbell v Hay [2014] NSWCA 129 The plaintiff / appellant was a trainee pilot in a two-seater light aeroplane on his third lesson when the engine failed, and the aircraft was required to make a forced landing. The trial judge while finding grounds of negligence, dismissed the plaintiff’s claim because causation was not established and defence...
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Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2016] FCA 1032 The quantum decision of Reeves J in the adverse action claim following Mr Haylett’s unlawful termination raised several issues with respect to lost future earnings which were part of the decision of Judge Baulch in Mr Haylett’s personal injuries claim...
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The App calculates future / deferred losses on the 3% and 5% and now the 6% actuarial tables, together with contingencies and revised superannuation rates. The “Injury Damages Calculator” is now available for free from both iTunes and Goggle Play: https://www.barristerdirect.com.au/apps/ David Cormack – Brisbane Barrister & Mediator
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Further to the earlier post regarding the Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016 and the proposed demise of the Byrne decision, it remains law, clause 5 of the Bill defeated. David Cormack – Brisbane Barrister & Mediator
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