Lend Lease Project Management & Construction (Australia) Pty Ltd v Construction, Forestry, Mining and Energy Union (No 5) [2012] FCA 1144 The very public dispute between the CFMEU and others involving “stop the sham” (alleged sham independent contractors) at the building sites of the Law Courts Project and the Gold Coast University Hospital, has resulted...Read More
The reasons for decision of the High Court’s rejection of separate representation of the children are now available: RCB as litigation guardian of EKV, CEV, CIV and LRV v The Honourable Justice Colin James Forrest [2012] HCA 47 (7 November 2012) Brisbane Barrister – David CormackRead More
State of Queensland v Attrill & Anor [2012] QCA 299 A useful reminder of the general rule where there is inconsistent statutory provisions in earlier and later legislation [28] In Goodwin v Phillips[13], Griffiths CJ identified the “… general rule, that is, that where the provisions of a particular Act of Parliament dealing with a...Read More
Sneddon v State of New South Wales [2012] NSWCA 351 Before Basten JA at [2] Macfarlan JA at [118] Meagher JA at [179] Catchwords APPEAL – leave to appeal – judgment against one joint tortfeasor for over $100,000 – appeal against dismissal of claim against other...Read More
Barraclough v WorkCover Queensland [2012] QDC 321 Background: The applicant/claimant had an assessed injury for chemical burns to her hand, but claimed reflex sympathetic dystrophy (RSD) in her Notice of Claim for Damages (NOC), which was not assessed or accepted by WorkCover Queensland (WorkCover). WorkCover considered the NOC was not ‘compliant’ because the applicant did...Read More
Barker v Commonwealth Bank of Australia [2012] FCA 942 In a decision which has caused some controversy and is on appeal, the Federal Court has found an implied term of mutual trust and confidence in a contract of employment and furthermore, is has resulted in damages for being breached. In so finding, Justice Besanko considered...Read More
Moore v Oakley [2012] QDC 322 Background: The plaintiff had been drinking after a football game with a group of friends. The group sought to hail a cab to return to the city after deciding not to enter a nightclub because of the price of the cover charge. The cab driver initially drove past and...Read More
Graham & Ors v Welch [2012] QCA 282 I refer to my earlier posting. The court of appeal upheld the appeal in favour of the householder and their insurer finding: [19] There can be no doubt that an occupier owes a duty of care to entrants to the occupier’s land and that duty is consistent...Read More
State of Queensland v Nudd [2012] QCA 281 I refer to my earlier posting. The appeal court upheld the appeal and found for the State of Queensland: [19] As the primary judge observed, a small patch of water might be difficult to see even for a person conducting a specific inspection of the floor. That...Read More
Wolters v The University of the Sunshine Coast [2012] QSC 298 Background In an incident occurring on 14/03/2008 it was determined that during a power outage at the university an employee verbally abused another in circumstances where his behaviour was aggressive and unfair. To compound matters a similar complaint had been made against this employee...Read More
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