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davidcormack
Berwick v Clark & Anor [2018] QSC 116 Applegarth  In August 2012 the plaintiff suffered catastrophic injuries including a severe head injury resulting in permanent disability, when his vehicle, a Mazda 6, collided with the first defendant’s vehicle, a Mazda 2, crossing the plaintiff’s lane. The plaintiff could not give evidence because of the cognitive...
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Johnson v George [2018] QSC 140 North J The applicant sought orders: that the body of his father be released to him for the purpose of a funeral and subsequent burial at Charters Towers, Queensland, pursuant to s 6 of the Succession Act 1981 (Qld) (the Act); and that the applicant be allowed to withdraw...
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Workers’ Compensation Regulator v Pryszlak [2018] QCA 157 Further to the earlier post and the decision of McMeekin J in Pryszlak v Workers’ Compensation Regulator [2017] QSC 286 the question of “special circumstances” in s.542(3) of the Workers’ Compensation and Rehabilitation Act 2003 (the Act) was appealed. Sofronoff P delivered the judgment. Fraser and Philippides JJA concurred....
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Stankovic v SS Family Pty Ltd [2018] QDC 54 Porter QC DCJ Background The plaintiff alleged he was employed by the defendant, Trendbuild.  In March/ early April 2013, the plaintiff suffered injuries to his right shoulder while undertaking his duties as a floor and wall tiler. In July 2013, the plaintiff applied to Workcover Queensland,...
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Civil Liability and Other Legislation (Prescribed Amounts) Amendment Regulation 2018   Workers’ Compensation and Rehabilitation (QOTE) Notice 2018 David Cormack – Brisbane Barrister & Mediator
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Bunnings Group Ltd v Giudice [2018] NSWCA 144 The facts were not contentious. The plaintiff/respondent tripped and fell injuring her right wrist on entering the playground equipment area at Bunnings to attend to her distressed four-year-old grandson. The trial judge allowed the claim and awarded $179,000.00 including a deduction for contributory negligence of 20%. The...
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Carswell v KBRV Resort Operations Pty Ltd (No 2) [2018] QSC 110 Martin J Background The plaintiff was employed as a tour guide by the defendant. In March 2013, the plaintiff suffered a spinal injury while demonstrating to tourists the activity of jumping from the edge of a sand dune to the dune slope below....
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Colwell v Top Cut Foods Pty Ltd [2018] QDC 119 The plaintiff sought damages for an assault which took place at work by a co-worker. The employer denied liability and the quantum of the damages claimed. The assault took place on 20 January 2014, and the protagonist was Mr Parks. The was no dispute the...
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Gittins v Field (Trustee) [2018] FCA 976 The decision by Charlesworth J is a useful reminder that income received by way income protection payments under an insurance policy is not exempt from Div 4B, Pt VI of the Bankruptcy Act 1924 (Cth) because of s 116(2)(g) which excludes money from personal injury. David Cormack – Brisbane...
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Amaca Pty Limited v Latz; Latz v Amaca Pty Limited [2018] HCA 22 (13 June 2018) I refer you to the judgment summary and the uncontentious facts. Mr Latz contracted mesothelioma and claimed the loss of his pension ($5,106.00 per annum) and superannuation ($51,162.00 per annum) for the ‘lost years’ – a period of 16...
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