Month

September 2017
Wilmar Sugar Pty Ltd v Blackwood [2017] QSC 180  Douglas J The application concerned a statutory order of review pursuant to the Judicial Review Act 1991 (Qld) of the respondent’s decision to reject an enforceable undertaking offered by the applicant following the death of a worker. Relevantly, s 216 of the Work Health and Safety...
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Brisbane Youth Service Inc v Beven [2017] QCA 211 Further to my earlier post the employer appealed the decision of Atkinson J based on whether [114]: (a) There was a foreseeable and not insignificant risk; (b) That a particular employee, the respondent; (c) In providing court advocacy services, away from T’s home and a 10...
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Dodd v O’Meara & AAI Limited [2017] QDC 226 Porter QC DCJ The plaintiff was involved in a motor vehicle accident on 26 December 2007 where he allegedly suffered personal injuries. Trial commenced on 29 August 2017. Liability was not in dispute. On the first day of the trial counsel for the defendants commenced cross...
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Kay & Another v Kreis [2017] QSC 151 Holmes CJ The applicants sought the Courts’ discretion to permit the applicants to commence a family provision application out of time. The applicants father died on 4 December 2006 and the application for provision was filed on 17 November 2016. Legislation Section 41(8) of the Succession Act...
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Rose v Tomkins & Ors [2017] QCA 157 Morrison and Philippides JJA and Flanagan J The testatrix, Ms Julia Mary Jones, deceased, was in a de-facto relationship with Mr Bevan Warren Tomkins, the first respondent, who both had their own respective children from a previous marriage, the second and third respondents. Both the testatrix and...
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Ibrahimi & ors v Commonwealth of Australia (No 9) [2017] NSWSC 1051 I refer you to the headnote and summary in relation to the decision of Bellew J into the 2010 Christmas Island disaster when a vessel carrying boat people struck the cliffs of Christmas Island. Representative proceedings were commenced for the passengers claiming physical...
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Dib v Amaca Pty Limited [2017] NSWDDT 6 The plaintiff suffered mesothelioma and made a claim against Amaca Pty Limited for damages. Among the many items in contention was the claim for the aged pension during the ‘lost years’ following the decision in Latz v Amaca Pty Limited [2017] SADC 56. Judge Russell undertook a...
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