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Personal Injuries – Limitation Period
Collins v All Metal Magic Pty Ltd and Anor [2016] QDC 48  Farr SC DCJ The applicant sought an extension of the limitation period under s.31 of the Limitations of Actions Act 1974 (LAA) and consequential leave to commence proceedings pursuant to s.298(1) of the Worker’s Compensation and Rehabilitation Act 2003 (WCRA). The applicant claimed...
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Dent v Langs Building Supplies Pty Ltd [2015] QSC 368 Justice Burns rejected the application to extend the limitation period under the Limitations of Actions Act 1974 (the Act) based on the material fact was within the applicants means of knowledge of the applicant, Ms Christine Dent. Ms Dent injured her back on 16 June 2011 and...
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Milling v Fraser Coast Regional Council [2015] QDC 291 The applicant was close to turning 62 when the decision was delivered. Over the period from 2009 – 2011 the applicant injured his back at work, but on each occasion returned to work on full duties, albeit with occasional pain. In 2013 the applicant woke at...
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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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Alcan Gove Pty Ltd v Zabic [2015] HCA 33 (7 October 2015) I refer to the earlier posting regarding the first instance and Court of Appeal (NT) decisions. The High Court dismissed the defendant’s appeal and upheld the Court of Appeal decision in favour of the plaintiff. The debate has raged as to whether the...
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Coles Group Limited v Costin [2015] QCA 140 The Court of Appeal held that Coles would be materially prejudiced if the plaintiff could litigated the aspect of her claim relating to inadequate training. However, subject to a suitably worded undertaking to limit the litigation to those areas not affected by the prejudice, leave was allowed....
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The Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2015 was introduced by the Hon C Pitt MP on 15/07/2015 and has been referred to the Finance and Administration Committee. In the interim, I further refer you to: Explanatory Notes Explanatory Speech The Bill, if passed, amends the controversial 5% or more DPI thresholds introduced under...
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Wolverson v Todman; Wolverson v Lisle & Hooper [2015] QCA 74 Gotterson JA delivered the majority judgment. Holmes JA concurred and McMeekin J dissented in respect of the “means of knowledge” issue involving the radiologists appeal. Gotterson JA [7] The judgment under appeal is an order of the District Court made on 17 April 2014...
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Hogan v Allen Taylor & Company Ltd [2015] QDC 85 A useful discussion of the authorities regarding prejudice when making an application to extend the limitation period pursuant to s 31 of Limitation of Actions Act 1974 (Qld). Brisbane South Regional Health Authority v Taylor [1996] HCA 25; (1996) 186 CLR 541 Hertess v Adams...
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Oram v BHP Mitsui Coal Pty Ltd & Anor [2014] QSC 230 McMeekin J: Prejudice [87] The relevant principles were explained in Brisbane South Regional Health Authority v Taylor.[68] Each member of the Court was of the view that having satisfied the two conditions laid down in s 31(2) of the Act there was no...
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