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davidcormack
Coleman v Caesarstone Australia Pty Ltd & Ors [2021] QSC 125 The applicant sought a declaration that the Personal Injuries Proceedings Act 2002 (PIPA) did not apply to the psychiatric condition, which was sustained as a result of a dust disease (silicosis). Section 6(3)(b) of the PIPA excludes the operation of PIPA for a dust disease. In declaring that the...
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Schokman v CCIG Investments Pty Ltd [2021] QSC 120 Crow J The Plaintiff was employed on Daydream Island as a food and beverage supervisor. He suffered from narcolepsy and cataplexy, which was medicated and he had an arrangement for storage of his medication with a nurse. The Plaintiff’s contract required him to live on the resort...
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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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Robertson v State of Queensland [2021] QCA 92 Henry J (Fraser and McMurdo JJA agreeing) The Plaintiff appealed the trial decision of Robertson v State of Queensland [2020] QDC 185 together with the pre-trial order for further and better particulars. The trial judge found against the Plaintiff on the basis there was no duty of...
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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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Bona v Jeffries [2021] QSC 84 The Plaintiff tendered a Request for Trial Date (RFTD) which the Defendants refused to sign. The Plaintiff filed an application to dispense with the RFTD and the Defendants filed a cross-application for the Plaintiff to submit to an examination of an occupational therapist pursuant to ss 46A  and 50...
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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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WorkCover Queensland v Wallaby Grip Limited (2021) 7 QR 63 WorkCover appealed the decision not to strike out paragraphs 15 and 16 of the First and Second Defendants. The Defendants pleaded that section 207B(8) of the Workers Compensation and Rehabilitation Act 2003 (WCRA) did not apply to a contribution to an injury from interstate employment....
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