newsletter – backup code

Barrister Direct Update

  • Mandatory jabs & lawful directions – some guidance but far from settled(30 September 2021) - Jennifer Kimber v Sapphire Coast Community Aged Care Ltd [2021] FWCFB 6015 With the Deputy President Dean dissenting and stating, “Never have I more strenuously disagreed with an outcome in an unfair dismissal application”, the issue of mandatory vaccinations for employees is far from resolved. The majority of Vice President Hatcher and Commissioner Riordan dismissed […]read more
  • End of the line for Amaca v Werfel – more certainty for in situ end users of asbestos products(16 September 2021) - Amaca Pty Limited v Werfel & Anor [2021] HCATrans 146 (10 September 2021) The High Court refused special leave that there was an error in whether the duty to warn of in situ asbestos products failed to account for the indeterminacy of the class of persons at risk of harm and the period of the […]read more
  • Leave to proceed when a company is in liquidation – pre-court(30 June 2021) - Palace v RCR O’Donnell Griffin Pty Ltd (in liq) [2021] QCA 137 The appeal of Palace v RCR O’Donnell Griffin Pty Ltd (in liq) [2020] QSC 354 applied accepted legal principles but found the primary judge erred about factual matters and exercised the discretion in House v The King (1936) 55 CLR 499 at pp.504-505. […]read more
  • Presumptive PTSD for First Responders and Eligible workers(24 May 2021) - The Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2021 (Qld) passed on 20 May 2021. The amendment introduces a presumption for certain workers diagnosed with Post Traumatic Stress Disorder (PTSD) by a psychiatrist under the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) to have an injury, if they are defined as first […]read more
  • Interest and historical abuse claims(7 May 2021) - Interest in historical abuse claims is often a significant and thorny issue of dispute. The appeal decision in Province Leader of the Oceania Province of the Congregation of the Christian Brothers v Lawrence [2021] WASCA 77 is a salient decision about interest. The appeal against interest was dismissed and the cross-appeal increasing interest allowed. The […]read more
  • Setting aside historical abuse settlements – “just and reasonable” contrasting approaches(28 April 2021) - I refer to my earlier post about the Queensland decisions in TRG v The Board of Trustees of the Brisbane Grammar School [2019] QSC 157 (TRG) and by the Court of Appeal in TRG v The Board of Trustees of the Brisbane Grammar School [2020] 190 (TRG appeal). The question of “just and reasonable” in […]read more
  • Aunty Ruth – reflecting on her stolen generation and wages(26 March 2021) - Last year during NAIDOC week, Aunty Ruth shared her stolen generation and wages story over several hours in chambers. With her permission, it was recorded and has since been edited with the assistance of her family and Martin Howard. I invite you to set aside some time to watch Aunty Ruth’s video about her remarkable […]read more
  • Discounting earning capacity for knowns and unknowns(16 March 2021) - Peebles v WorkCover Queensland [2021] QCA 21 Peebles v WorkCover Queensland [2020] QSC 106 (trial decision) The plaintiff appealed the assessment of past economic loss and future lost earning capacity. It was admitted that the defective truck seat caused the plaintiff’s injury to his spine. The relevant medical evidence diverged as to when, if ever, […]read more
  • Limitation extension – cause of action in a medical negligence claim(15 April 2020) - Smith v Reader [2020] QSC 48 Decision delivered 23 March 2020, Brisbane, by Ryan J Parties BEVERLEY ANNE SMITH (applicant) v STUART READER (Respondent) Issue The three year period in which to bring a claim for negligence expired, at the latest, on 17 October 2015. The applicant filed her claim on 24 October 2016. The […]read more
  • Limitation extension: material fact – medical negligence about breast reconstruction(21 March 2020) - Masters v Daoud [2020] QDC 38 Decision delivered 20 March 2020, Brisbane, by Rinaudo DCJ Parties SHERYL MASTERS (Applicant) v MARK DAOUD (Respondent) Facts In August 2013, the applicant saw the respondent doctor for breast cancer treatment. The respondent advised the applicant that her life was at risk, so it was urgent that she undergo […]read more