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Personal Injuries – Contribution Notices
Kerle v MB Alliance Coal Operations Pty Limited & Ors [2016] QSC 304 The decision of McMeekin J is of seminal importance to practitioners who undertake work-related claims where the common matrix of a principal contractor, labour hire provider and host employer exists, especially for an injury that arises in circumstances that is off-site or...
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Further to the earlier post regarding the Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016 and the proposed demise of the Byrne decision, it remains law, clause 5 of the Bill defeated. David Cormack – Brisbane Barrister & Mediator
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Searle v Solid State Security Pty Ltd and Ors [2016] QDC 193 Smith DCJA The matter before the court involved an application by the second defendant to issue a third party notice to the first defendant. The second defendant submitted that inter alia no prejudice could be alleged to have been suffered by the first...
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Byrne v People Resourcing (Qld) Pty Ltd & Anor [2014] QSC 269 For work related injuries which fall between 15 October 2013 to 30 January 2015 and have been assessed to have 5% or less, degree of permanent impairment (DPI), any indemnity is excluded or contribution by way of joint tortfeasor (Law Reform Act 1995...
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Shapcott v W.R. Berkley Insurance (Europe) Limited & Anor [2015] QDC 102 The issue involved whether a respondent could join an insurer as a “contributor” pursuant to s.16(1) of the Personal Injuries Proceedings Act (PIPA) in circumstances where the insurer denied indemnity. The claimant had received massage therapy from Mr Camac the second respondent who was...
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Selig v Wealthsure Pty Ltd [2015] HCA 18 (13 May 2015) I refer you to the judgment summary. Where there are multiple claims arising from the same facts, the High Court unanimously held that the defence of non-apportionable claims can be maintained, even if they are for the same loss. In this instance, Mr and...
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Mulpha Hotel Pty Ltd v Goff [2011] QCA 204 Issues: appeal on the issue of prejudice to be suffered on the adding of the applicant as a party and leave to commence proceedings pursuant to s.59(2)(b) of the Personal Injuries Proceedings Act 2002 (Qld)(PIPA), in circumstance where the applicant alleged it could not now claim contribution...
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Bridgeport Pty Ltd v Yelyruss Pty Ltd (in liq) and Anor [2011] QSC 237 An example of the matters to be considered in granting leaving for a contribution notice (liquidation, delay, prospects of success and prejudice) to be issued under the Personal Proceedings Act 2002: Brisbane Southeast Regional Health Authority v Taylor [1996] HCA 25;...
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