Month

November 2016
McGrory v Medina Property Inc Services Pty Limited [2016] QDC 280 Burnett DCJ The plaintiff was employed as a room attendant at a hotel where she was injured while attempting to lift a bin containing ice. The plaintiff observed that the bin required replenishment as it was required for the breakfast buffet. The plaintiff claimed...
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Silwood v Chandler [2016] QCA 273 Further to the earlier post the appeal was dismissed. Atkinson J with whom Margaret McMurdo P and Gotterson JA agreed: [30] The judge’s findings of fact were thoroughly explained and well justified. There is no occasion for this court to substitute different findings. Those facts are: the steps were...
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Teuma & Anor v C P & P K Judd Pty Ltd [2007] NSWCA 166 One of the issues on appeal was whether the plaintiff met the gratuitous care threshold under s.72(2) of the Motor Accidents Act 1988 (NSW), which provides: “No compensation is to be awarded if the services are provided, or are to be provided:...
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Solomona v No 1 Riverside Quay Pty Ltd [2016] QDC 289 Dorney QC DCJ The plaintiff worked as a customer service representative at a BP service station when she suffered a lower back injury while attempting to dislodge a frozen basket from a freezer’s surface. The plaintiff’s evidence included training about manual handling, being provided with...
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Towers v Hevilift Ltd & Anor [2016] QSC 267 Henry J The plaintiff was the pilot of a helicopter which became caught in a cloud and crashed, killing three of six passengers. The plaintiff was rendered an incomplete quadriplegic as a result of the accident. Hevilift admitted it employed the Plaintiff. Both defendants denied the second...
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Wright v Glencore Queensland Limited [2016] QSC 247 Henry J The applicant suffered an ankle injury in the course of his work. An initial assessment, to be performed by Dr Ness, of the injury pursuant to s 179 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (“the Act”) was arranged by the insurer of...
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Clapham v Butler & Anor [2016] QDC 268 Andrews SC DCJ The plaintiff and defendant were involved in a motor vehicle accident which occurred in 2013. The defendant negligently drove into the rear of the plaintiff’s stationary vehicle. As a result of the accident, the plaintiff suffered injuries to his wrist and his thoracic/lower cervical...
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Feher v Commonwealth; Feher v WorkCover Queensland [2016] QDC 275 Rafter SC DCJ The plaintiff was employed as a quarantine inspection assistant by the defendant, Workforce Action Pty Ltd (Workforce). The plaintiff was injured in 2006 while working at the Port of Brisbane. The plaintiff had slipped on a rung of a ladder and sustained...
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Comcare v Martin [2016] HCA 43 I refer you to the judgment summary which states the facts. The High Court allowed the appeal and dismissed the interpretation of the statutory words “as a result of” in the context of ss 5A, 5B of the Safety, Rehabilitation and Compensation Act 1988 as requiring the application of the “common sense” approach...
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The Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016 was passed on 8 November and assented to on 11 November 2016 removing the limitation period for “child abuse” together with amendments. The date of the proclamation is yet to be set for the Act. The removal of the limitation period is not...
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