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Asbestos litigation
Amaca Pty Ltd v Phillips [2014] NSWCA 249 The decision involved the application of s.15B of the Civil Liability Act 2002 (NSW) in respect of what was at common law known as Sullivan v Gordon damages ([1999] NSWCA 338; (1999) 47 NSWLR 319). The section was enacted after the decision of CSR Ltd v Eddy [2005]...
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Studorp Limited v Robinson [2014] QCA 174 Jackson J’s decision was upheld on appeal and not interfered with. David Cormack – Brisbane Barrister & Mediator
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Hall v WorkCover Queensland [2014] QCA 135 Further to my earlier posting the decision of Mullins J has been overturned on appeal and removed the limitation period for asbestos related dependency claims. Subsequently, indemnity costs were awarded: Hall v WorkCover Queensland [2014] QCA 202 Brisbane Barrister – David Cormack
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Hall v Don Faulkner Motors Pty Ltd & Ors [2013] QSC 331   WorkCover Queensland acting on behalf of the deregistered employer company resisted a claim of dependency for a worker who died in May of 1995, but whose claim for dependency was brought in July 2011. The plaintiff argued that there was no limitation...
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Robinson v Studorp [2013] QSC 238   PRIVATE INTERNATIONAL LAW – RESTRAINT OF PROCEEDINGS – OF LOCAL PROCEEDINGS: CLEARLY INAPPROPRIATE FORUM – GENERALLY – where the plaintiff claims damages for personal injuries caused by the defendant’s negligence in New Zealand – where the defendant filed an application to stay the proceeding pursuant to Uniform Civil...
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Gillfillan & Ors v Australian Securities & Investments Commission [2012] NSWCA 370 I refer to earlier postings. The end result for the Australian directors was a reduced fine of $25,000.00 and disqualification until 30 April 2013, whereas the American directors were fined $20,000.00 and disqualified until 31 December 2012. Prominent in this was the overseas directors participated...
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WorkCover Queensland v AMACA Pty Limited [2012] QCA 240 I refer to my earlier post concerning the decision of Boddice J in WorkCover Queensland v Amaca Pty Limited (No 2) [2011] QSC 358 and note the appeal was allowed and the question of whether; it was valid at law to assign to the plaintiff (WorkCover)...
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I refer you to a recent prosecution of a painting company who was fined $20,000.00 when it removed asbestos from a roof by using a gurney and contaminated the neighbour’s property. The director of the company was also fined $4,000.00 and the company was ordered to pay the clean up costs of $72,897.35 together with...
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LegalWise July 2012 seminars I refer to the 4th Annual Asbestos Litigation seminar (page 5) on 25/07/2012. As a presenter I am in a position to offer a 10% discount to guests. Brisbane Barrister – David Cormack 
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LegalWise Seminar Date:   Wednesday 25 July 2012 Time:   2.00pm – 5.15pm Venue:  Sofitel Brisbane Central, 249 Turbot Street, Brisbane            Spend an afternoon working through case studies with medical and legal practitioners experienced in the finer points of asbestos litigation and gain a better appreciation of the medicine relating to each and the differences and the...
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