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Personal Injuries – Limitation Period
Anderson v Gofish Pty Ltd & Ors [2017] QSC 30 The plaintiff sustained catastrophic injuries on 7 December 2011 when he sustained an amputation of right arm above the elbow and his right leg through the hip. In a twist on the usual application to extend the limitation period, the plaintiff sought to join as...
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Hornburg v Greenlife Solutions Pty Ltd & Anor [2017] QDC 32 Everson DCJ The application sought to extend the limitation period for personal injuries suffered by the applicant in 2006. The basis of the application rested on two incidents which occurred during the course of the applicant’s employment – lower back pain during the excavation...
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Crawford v Forna & Anor [2016] QSC 309 Douglas J The issue for his Honour was whether to grant the second defendant’s application for summary judgement. The plaintiff was involved in a motor vehicle accident on 9 December 2007 and completed a notice of accident claim form in early 2008. However, due to the slow...
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Feher v Commonwealth; Feher v WorkCover Queensland [2016] QDC 275 Rafter SC DCJ The plaintiff was employed as a quarantine inspection assistant by the defendant, Workforce Action Pty Ltd (Workforce). The plaintiff was injured in 2006 while working at the Port of Brisbane. The plaintiff had slipped on a rung of a ladder and sustained...
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The Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016 was passed on 8 November and assented to on 11 November 2016 removing the limitation period for “child abuse” together with amendments. The date of the proclamation is yet to be set for the Act. The removal of the limitation period is not...
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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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Morgan v JBS Australia PTY Limited [2016] QDC 226 The plaintiff / applicant sustained a fracture and laceration to his right index finger at work. After the ordinary limitation period expired, the plaintiff sought an extension of the limitation period based on a  material fact of decisive nature not being within his means of knowledge...
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Cummings v Visy Paper Pty Ltd & Anor [2016] QDC 208 Ryrie DCJ The applicant was employed by the first respondent, Visy Paper, where he suffered a psychiatric injury as a result of bullying, harassment and intimidation. The injury occurred over a period between 1996 and 2001. The applicant filed a notice of claim for...
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Quinn v State of Queensland (No. 2) [2016] QDC 156 A bowel cancer patient on the public list at Rockhampton hospital has battled objections to the delay in start of injury compensation proceedings caused by the 3 ½ years it took to obtain a medical report supportive of her case against a surgeon who provided unconventional...
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Jonathan v Mangera & Anor [2016] 86 QCA 86 Morrison JA delivered the leading judgment. Boddice and Burns JJ concurred. SUMMARY: The applicant, Mr Jonathan was injured in a motor vehicle collision on 4 August 2012 and gave the requisite Notice of Accident Claim Form under the Motor Accident Insurance Act 1994 (Qld) (“Act”) and...
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