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Barrister Direct Update
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  • 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
  • QIRC: usual PFOS injury – significant contributing factor?(15 December 2019) - Chase v Workers’ Compensation Regulator [2019] QIRC 195 Decision delivered 11 December 2019, Brisbane, by Industrial Commissioner Black Parties Chase, Claude (Appellant) v Workers’ Compensation Regulator (Respondent)   Facts & Case History The appellant was a firefighter with Queensland Fire and Emergency Services between February 1994 to September 2002. He was both a worker and […]read more
  • WHS fatality prosecution against an officer – ‘reasonably practicable’?(18 July 2019) - R v Lavin [2019] QCA 109 McMurdo JA and Mullins and Davis J FACTS On 6 February 2019, the Appellant, an officer of Multi-Run Roofing Pty Ltd (the company) was found guilty of failing to exercise due diligence duties to ensure that the company, complied with a primary duty of care provisions under the Work […]read more
  • Setting aside sexual assault settlements – just & reasonable(5 July 2019) - TRG v The Board of Trustees of the Brisbane Grammar School [2019] QSC 157 Davis J FACTS Mr Lynch was employed at Brisbane Grammar School (the Respondent) as a counsellor. Over a one year period from 1986 and 1987, he sexually assaulted the Applicant on numerous occasions. [1]-[2] In 2001, the Applicant sued the Respondent […]read more
  • Eugenics & extension of limitation periods for wrongful birth claims(1 July 2019) - Stephens & Anor v Paradise Ultrasound Specialists Pty Ltd [2019] QSC 134 Crow J Mr and Mrs Stephens, the applicants, sought an extension of time under s.31 of the Limitations of Actions Act 1974 (“the Act”) to commence court proceedings for an action for wrongful birth and personal injuries consequent to wrongful birth after their […]read more
  • Another tough day at the office for an assaulted correctional officer(18 June 2019) - Corbin v State of Queensland [2019] QSC 110 Ryan J FACTS The Plaintiff, a correctional officer, claimed damages against the State of Queensland for personal injuries sustained when assaulted by a defiant prisoner who was directed to cease smoking. The State of Queensland defended the claim. The Plaintiff began training as a prison officer by […]read more
  • Long shot application to extend the limitation period for operations 40 years ago(28 May 2019) - Lang v McArthur & Ors [2019] QSC 119 Brown J Facts The applicant aged 42 suffered from leg palsy since she was a young child. The respondents administered injections of penicillin when she was three months old which allegedly damaged the applicant’s left sciatic nerve, causing the palsy. The applicant alleged her parents received negligent […]read more
  • Application to change the venue from Rockhampton(24 May 2019) - Manasse v Shine Lawyers Pty Ltd [2019] QSC 123 Crow J Facts The respondent sought damages for professional negligence from the applicant, Shine Lawyers, for allegedly improperly advising her to settle a personal injury claim for $150,000.00 [1]-[5]. Issue Shine Lawyers, the applicant sought to have the trial venue changed from Rockhampton to Brisbane [6]. […]read more
  • Paskins v Hail Creek revisited over WCRA costs(17 May 2019) - Thomson v State of Queensland & Anor (No 2) [2019] QSC 115 Applegarth J The Supreme Court of Queensland has found that there was “no contest” that a defendant who was ordered to pay more than what was requested by reason of the plaintiff’s mandatory final offer should pay the plaintiff’s costs incurred in pursuing […]read more

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