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: Personal Injuries
Evidence: expert reports, assumptions and cross-examination
Garside v Rohan & Ors QSC 295 Judgement delivered 11 December 2018, Brisbane, by Davis J. Facts On 25 November 2014,…...
Trial venue: balancing convenience/fairness v financial position & trial dates
Clark v Ernest Henry Mining Pty Ltd QSC 253 The plaintiff brought an application for a declaration that the…...
The tortuous path to a guillotine order
Day v Woolworths Limited & Ors QSC 266 The matter returned to court because the plaintiff refused to elect…...
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…...
Personal Injuries: it’s all about pain & credibility
Rook v Crofts & Anor QDC 184 The plaintiff’s claim arose out of a motor vehicle collision when the…...
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…...