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Personal Injuries – Dust Diseases
Amaca Pty Ltd v Phillips [2014] NSWCA 249 The decision involved the application of s.15B of the Civil Liability Act 2002 (NSW) in respect of what was at common law known as Sullivan v Gordon damages ([1999] NSWCA 338; (1999) 47 NSWLR 319). The section was enacted after the decision of CSR Ltd v Eddy [2005]...
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Hall v WorkCover Queensland [2014] QCA 135 Further to my earlier posting the decision of Mullins J has been overturned on appeal and removed the limitation period for asbestos related dependency claims. Subsequently, indemnity costs were awarded: Hall v WorkCover Queensland [2014] QCA 202 Brisbane Barrister – David Cormack
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Hall v Don Faulkner Motors Pty Ltd & Ors [2013] QSC 331   WorkCover Queensland acting on behalf of the deregistered employer company resisted a claim of dependency for a worker who died in May of 1995, but whose claim for dependency was brought in July 2011. The plaintiff argued that there was no limitation...
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Robinson v Studorp [2013] QSC 238   PRIVATE INTERNATIONAL LAW – RESTRAINT OF PROCEEDINGS – OF LOCAL PROCEEDINGS: CLEARLY INAPPROPRIATE FORUM – GENERALLY – where the plaintiff claims damages for personal injuries caused by the defendant’s negligence in New Zealand – where the defendant filed an application to stay the proceeding pursuant to Uniform Civil...
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Gillfillan & Ors v Australian Securities & Investments Commission [2012] NSWCA 370 I refer to earlier postings. The end result for the Australian directors was a reduced fine of $25,000.00 and disqualification until 30 April 2013, whereas the American directors were fined $20,000.00 and disqualified until 31 December 2012. Prominent in this was the overseas directors participated...
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LegalWise July 2012 seminars I refer to the 4th Annual Asbestos Litigation seminar (page 5) on 25/07/2012. As a presenter I am in a position to offer a 10% discount to guests. Brisbane Barrister – David Cormack 
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LegalWise Seminar Date:   Wednesday 25 July 2012 Time:   2.00pm – 5.15pm Venue:  Sofitel Brisbane Central, 249 Turbot Street, Brisbane            Spend an afternoon working through case studies with medical and legal practitioners experienced in the finer points of asbestos litigation and gain a better appreciation of the medicine relating to each and the differences and the...
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I refer you to the summary of these decisions: Shafron v Australian Securities and Investments Commission [2012] HCA 18 (3 May 2012)  (PDF32K) And in particular the following may be construed from wording in s.9 paragraph (b)(i) “who makes,  or participates in making, decisions that affect the whole, or a  substantial part, of the business of...
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Allianz Australia Ltd v Sim; WorkCover Authority (NSW) v Sim; Wallaby Grip (BAE) Pty Ltd (In liq) v Sim [2012] NSWCA 68 Lorraine Fay Sim v Allianz Australia Limited [2010] NSWDDT 19 – trial decision Prof Henderson’s evidence on cancers Further to earlier postings in relation to causation in asbestos related disease claims, especially lung cancer....
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A matter of significant controversy and debate in latent injury claims, such as mesotheioma is when the injury was “sustained” or “contracted”. The date of the injury is of significant interest because it defines the relevant legislation and insurance which is applicable. The UK Supreme Court in the decision of Employers’ Liability Insurance “Trigger” Litigation:...
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