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davidcormack
Meechan v Savco Earthmoving Pty Ltd [2021] QCA 264 The appellant injured his shoulder when hit by an excavator on a work site. The excavator was operated by co-employee, Mr Harris, who unexpectantly swung the boom towards the appellant. Whilst the operator of the excavator was a co-employee, the claim was brought against the principal...
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Yang v WorkCover Queensland [2021] QSC 274 The applicant sought a judicial review of WorkCover’s decision to stop the applicant’s compensation benefits. The applicant made a claim for compensation under the Workers’ Compensation and Rehabilitation Act 2003 (WCRA) after suffering a stroke at work. In the first instance, WorkCover rejected the application. The applicant reviewed...
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National Injury Insurance Agency, Queensland v Harrison [2021] QSC 253 The applicant, the administrator of the National Injury Insurance Scheme, Queensland, under the National Injury Insurance Scheme (Queensland) Act 2016 (NIIS) filed an originating application under s.41(7) of the NIIS to sanction the “Preservation Notice” given by the respondent to the insurer (Suncorp) of the...
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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...
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Brockhurst v Rawlings [2021] QSC 217 The Plaintiff brought his claim against a former female teacher. The claim was for ‘grooming’ which culminated in sexual intercourse when 14. Whilst the relationship and intercourse was ‘consensual’ the Plaintiff was unable to legally consent because of his age. In the aftermath of the relationship being exposed and...
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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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SDA v Corporation of the Synod of the Diocese of Rockhampton [2021] QCA 172 The appellant was a former resident of a children’s home of the respondent. The appellant alleged he was sexually abused by Reverend M. The appellant requested disclosure under s.27(1)(b) of the Personal Injuries Proceedings Act 2002 (PIPA) of complaints made relating...
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Dunbabin v Camilleri [2021] QCA 144 The appellant sought leave to commence pursuant to s.59 of the Personal Injuries Proceedings Act 2002 (PIPA). The appellant had been assaulted and the respondent entered a plea of guilty. Subsequently, the appellant delivered a claim under the PIPA for the injury to the respondent. Whilst the appellant gave...
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Personal Injuries Regulation 2014 12 Prescribed limits for particular definitions—Act, sch 1 (1)This section prescribes the amount for the definitions declared costs limit, lower offer limit and upper offer limit in schedule 1 of the Act. (2)For an injury arising during a period stated in an item of the following table, the amounts stated in the item are prescribed.   Motor Accident Insurance...
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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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