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davidcormack
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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Pocock v Citi-Steel Pty Ltd [2018] QDC 81 Rafter J The parties agreed on damages ($160,000.00) but disputed liability for causing the plaintiff his personal injuries. The plaintiff was injured on 12 September 2014 at a time when the it was necessary to have an impairment of greater than 5% as assessed under the Workers’...
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Romano v Brisbane City Football Club & Anor [2018] QDC 67 The appellant, Romano sought leave to appeal to the District Court following the refusal of Magistrate Shearer refused to grant leave pursuant to s 43(1) of the Personal Injuries Proceedings Act 2002 (Qld). The basis for the denial by Magistrate Shearer was that the...
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Kreyzig v QBE Insurance (Aust) Ltd & Anor [2018] QDC 70 The plaintiff sought a declaration that filing the mediator’s certificate was a step in the proceeding and hence, obviating the need for leave to proceed. Alternatively, the plaintiff sought leave to proceed under r 389(2) of the Uniform Civil Procedures Rules 1999 (UCPR). The...
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