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Personal Injuries – Criminal
Prince Alfred College Incorporated v ADC [2016] HCA 37 Judgment summary French CJ, Kiefel, Bell, Gageler, Keane, Nettle and Gordon JJ The respondent was sexually abused by a housemaster employed by the appellant, the Prince Alfred College (the “PAC”) in 1962. In 2008, the respondent brought proceedings against the respondent, inter alia, that it was...
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A, DC v Prince Alfred College Inc [2015] SASCFC 161 Headnote: Appeal against a dismissal of a claim for damages for personal injury. The appellant was enrolled as a boarder in the boarding house of the respondent school in 1962, when aged 12 years. The appellant was sexually assaulted on at least 20 occasions over...
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Packer v Tall Ship Sailing Cruises Australia Pty Ltd [2015] QCA 108 Further to the earlier posting the plaintiff’s appeal was dismissed. Boddice J with whom Gotterson JA and Flanagan J concurred: Foreseeability [49] The appellant had also sought a finding it was reasonably foreseeable “the assailant would become violent as he was part of...
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Sirriss v Bowman [2012] QCA 108 The victim’s claim for criminal compensation was brought pursuant to s 663B of the Criminal Code, which has since be repealed by the Victims of Crime Assistance Act 2009 (1 December 2009). The District Court dismissed the claim for delay. The appeal was allowed on the basis the claim should...
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Corliss v Gibbings-Johns [2010] QCA 233 Further to my earlier posting the appellant raised liability defences on appeal that were not considered by the trial judge. In particular the appellant argued that sub-section 6(2) of the Criminal Code Act 1899 and/or section 45 of the Civil Liability Act 2003 provided a statutory defence. Their Honours...
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A very helpful summary of the Civil Liability and Other Amendment Act 2003 (Qld) and table of indexed General Damages pre/post 1 July 2010, together with a snapshot of cases for the past year by Steve Herd (Senior Associate) of Murphy Schmidt Solicitors: Case Law and Legislation Update – SPH Reproduced with permission.
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 K v G [2010] QSC 13  The plaintiff’s claim for personal injury by her guardian was in respect of sexual assaults for which the defendant had been convicted of whilst she was a child: [9] According to a Certificate of Conviction tendered as part of the plaintiff’s case, on 20 May 2004 the defendant pleaded...
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