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Practice & Procedure
Manasse v Shine Lawyers Pty Ltd [2019] QSC 123 Crow J Facts The respondent sought damages for professional negligence from the applicant, Shine Lawyers, for allegedly improperly advising her to settle a personal injury claim for $150,000.00 [1]-[5]. Issue Shine Lawyers, the applicant sought to have the trial venue changed from Rockhampton to Brisbane [6]....
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Murphy & Ors v Gladstone Ports Corporation Ltd [2019] QSC 12 Crow J Facts [1] – [2] The three plaintiffs brought an action against the defendant in 2017 as the representative claimants in a representative action. The action alleges negligence in the design and construction of the bund wall for the Fisherman’s Landing Port Expansion...
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Clark v Ernest Henry Mining Pty Ltd [2018] QSC 253 The plaintiff brought an application for a declaration that the proceedings commenced in Rockhampton remain in Rockhampton, the defendant cross-applied for the proceedings to be transferred to Brisbane. The plaintiff was injured in 2014 while at work with Ernest Henry Mining Pty Ltd approximately 38...
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Day v Woolworths Limited & Ors [2018] QSC 266 The matter returned to court because the plaintiff refused to elect one of the doctors from the various specialities and an occupational therapist, the subject of an order a year ago by Douglas J on 27 February 2017 under the Personal Injuries Proceedings Act 2002. In...
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  The new Supreme Court practice direction 18 of 2008 – Efficient Conduct of Civil Litigation requires extensive steps to be taken at all stages of the litigation and commences on filing the claim. The steps include conferencing, document management protocols, an electronic preference for disclosure and document management, including at trial; agreed document plan, identification of...
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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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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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Corbiere & Another v QPCU Limited [2018] QSC 32 Lyons SJA The applicants sought an order that they be retrospectively released from their implied undertaking not to use documents obtained from the respondent in a prior proceeding for a subsequent proceeding. Relevantly, the applicants initiated proceedings in 2013 against the deceased’s son for unauthorised withdrawals...
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Mineralogy Pty Ltd v BGP Geoexplorer Pty Ltd (No 2) [2018] QSC 42 Jackson J The present application concerned the payment of statutory post-judgment interest pursuant to the Civil Proceedings Act 2011 (Qld) (the CP Act). Relevantly, Jackson J ordered the applicant to pay the respondent US$17,629,673.68 (the judgement). That amount had subsequently been deposited...
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Caffrey v AAI Limited & Anor [2017] QSC 339 Applegarth J In February 2013, Mr Byron Neil Williams, the driver of a motor vehicle, insured by the first defendant AAI Limited, collided with a tree resulting in his death. The plaintiff, a member of the Queensland Police Force, attended upon the scene of the accident,...
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