Month

January 2017
Crawford v Forna & Anor [2016] QSC 309 Douglas J The issue for his Honour was whether to grant the second defendant’s application for summary judgement. The plaintiff was involved in a motor vehicle accident on 9 December 2007 and completed a notice of accident claim form in early 2008. However, due to the slow...
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Barker v Commonwealth of Australia [2016] QSC 310 Jackson J The plaintiff was injured in 2011 during the process of an arrest by an Australian Federal Police Officer (the “AFP”) and a protective services officer (the “PSO”) at the Brisbane International Airport. The plaintiff had been consuming alcohol on a flight back to Brisbane and...
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Fleming v State of Queensland [2016] QDC 334 Morzone QC DCJ The plaintiff suffered personal injuries in 2007 when a wooden step collapsed under him at a police station where he was reporting unsupervised children at the local TAB. Relevantly, following the stair incident, the plaintiff sustained injuries during his work as a security officer...
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Gorlick v Behan v Anor [2016] QDC 357 Durward SC DCJ The plaintiff took her ‘wheelie’ bin to the kerbside for collection by the garbage truck. The truck had already passed the plaintiff’s property and was in front of the next property. The plaintiff attempted to move her bin to the opposite side of the...
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Pere v Central Queensland Hospital and Health Service [2017] QDC 2 Butler SC DCJ The plaintiff claimed negligence and assault by his co-workers as a result of taking a blood sample without his consent and watching him provide a urine sample. As a consequence, the plaintiff claimed for psychiatric injuries. Both liability and quantum were...
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Lennon v Gympie Motel (BN 3451616) [2016] QSC 315 Flanagan J Pursuant to rule 483 of the Uniform Civil Procedure Rules (Qld) liability was determined separately to damages. The plaintiff was rendered a tetraplegic when as a child aged 12 years and 9 months of age, she dived into a pool at a motel in...
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Filep v AMP Capital Investors Ltd & Anor [2016] QDC 300 Rackemann DCJ The application sought leave to commence proceedings outside the limitation period. The claim alleged applicant slipped in the car park of a shopping centre in 2010. A notice of claim was served on the first respondent in 2011 and to the second...
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Roane-Spray v State of Queensland [2016] QDC 348 McGill SC DCJ The plaintiff claimed damages for personal injuries allegedly caused to her when she slid from an ambulance stretcher and hit her head on the bitumen. The plaintiff was being moved from the back of an ambulance on Moreton Island to a landing stage to...
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Reproduced with permission of Corrs Chambers Westgarth lawyers By Simon Billing (Partner), Courtney Fiddian (Senior Associate) & Thalia Botsis (Graduate Lawyer) Is swearing ever appropriate in the workplace? Six recent cases suggest that the line between what is and is not appropriate is becoming increasingly blurred.   When it comes to swearing in the workplace, context is key. Employers...
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JJ Richards & Sons Pty Ltd v Workers’ Compensation Regulator [2016] QIRC 147 Deputy President O’Connor In issue was whether a referral to the Medical Assessment Tribunal (the Tribunal) on a “medical matter” under s 515(1)(a) of the Workers’ Compensation and Rehabilitation Act 2003 (the Act) precluded appeal rights in s 549 of the Act for...
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