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davidcormack
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...
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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....
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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...
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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...
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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...
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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...
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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,...
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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...
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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...
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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...
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