Reasonable care, not invasive or dictatorial care
James v State of Queensland QSC 188 Judgement delivered 10 December 2018, Mackay, by Henry J The Plaintiff began working…...
Category: Negligence
WCRA: WorkCover not bound by the determination of “worker” for a damages claim
SS Family Pty Ltd v WorkCover Queensland QCA 296 Further to my earlier post the Court of Appeal considered…...
Disclosure of surveillance reports in motor accidents
Zavodny v Couper & QBE QSC 238 The plaintiff who was injured in a traffic collision brought an application…...
CLA exception for workers’ compensation status quo
RACQ Insurance Limited v Foster QCA 252 Further to my earlier post the Court of Appeal reviewed the authorities…...
Expert evidence: traffic accident reconstruction reports & physical observations
Brown v Daniels & Anor QSC 209 The plaintiff claimed for personal injuries sustained when his motorcycle collided with…...
WCRA: beware of not establishing the inferential reasoning required for causation
Inghams Enterprises Pty Ltd v Kim Yen Tat QCA 182 Bond J with Gotterson and Morrison JJA agreeing The…...
WCRA: return to work & liability of the host employer for injuries under PIPA
Ritchie v Ikea Pty Limited QDC 143 Rosengren DCJ The applicant sought leave to commence proceedings pursuant to s.…...
WCRA: The proverbial slip on a fallen grape, but at work
Deans v Maryborough Christian Education Foundation Ltd QDC 123 The plaintiff, a mentor to school teachers, claimed for personal…...
Bunnings playground injury – not insignificant & necessary condition for the injury
Bunnings Group Ltd v Giudice NSWCA 144 The facts were not contentious. The plaintiff/respondent tripped and fell injuring her…...
Forensic tactical strategy (surveillance) & pleadings
Carswell v KBRV Resort Operations Pty Ltd (No 2) QSC 110 Martin J Background The plaintiff was employed as…...