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Personal Injuries -PIPA
The National Injury Insurance Scheme (Queensland) Bill 2016, was assented to on the 14 June 2016. The bill was constructed as follows: Chapters 2 – 10, Part 1 enacts National Injury Insurance Scheme (Queensland) Act 2016 Chapter 10, Part 2, Division 1 amends Civil Liability Act 2003 Chapter 10, Part 2, Division 2 amends Motor...
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Woolworths Limited v Day & Others [2016] QDC 81 Kingham J The claimant/first respondent was injured when she slipped on a shallot on the floor of a Woolworths store. The claimant was self-represented. The application dealt with in part matters arising under the Personal Injuries and Proceedings Act 2002 (Qld) (PIPA) and were, inter alia:...
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Cielo v Fitzgerald & Anor; Cielo v Keighran & Anor [2015] QSC 330 The defendants sought the plaintiff’s claim to be dismissed for want of prosecution under r. 389 of the Uniform Civil Procedure Rules 1999. The negligence claimed was alleged between 2002 and 2003, with PIPA claims in 2005 and shortly followed by an...
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Pollock v Thiess Pty Ltd & Ors (No 3) [2014] QSC 121 McMeekin J reviewed the authorities concerning s 39 of the Personal Injuries Proceedings Act 2002 (Qld) (“PIPA”) and came to the conclusion the onus of proof effectively shifted to the party denying indemnity costs – to establish a prudent reason to reject an...
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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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Ghobrial v Assaf & Ors [2014] QDC 141 Kevin Zhang The District Court at Southport, in the decision of Ghobrial v Assaf v Ors, recently gave judgment ordering that an injured plaintiff’s claim against the owner occupiers of a residential property be dismissed for failing to comply with strict court orders setting out conditions on a previous...
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Walker-Eyre v Emirates [2012] QDC 364 The District Court last week ruled that Queensland’s Personal Injuries Proceedings Act pre-court requirements do not apply to international air carriage claims because the relevant federal legislation “otherwise provides…a detailed basis of the liability of the carrier”. Read more… Reproduced with the permission of Carter Capner Law.  
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Stanley-Clarke v Boyle [2012] QSC 196 A hernia repair patient who claims to have been persuaded at the eleventh hour – “after she had been prepped for theatre” – to undergo a face lift instead, has failed in her bid for compensation for a “sadly damaged face” that followed the surgery. Read more… Reproduced with...
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Moder v Commonwealth of Australia; Sochorova v Commonwealth of Australia [2012] QCA 92 Another example of a claim against the Commonwealth wherein such part of the claim which related to personal injuries, which had not complied with the Personal Injuries Proceedings Act 2002 (Qld) was dismissed. Furthermore, in this instance, the plaintiff claimed an award...
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Mahoney v Salt [2012] QSC 43 The issue of disclosure of statements by the respondents alleged to have arisen out of an investigative report came under scrutiny. The applicant sought disclosure under s 35(1) of the Personal Injuries Proceedings Act 2002 (“the Act”). The respondent resisted on the basis of legal professional privilege under section...
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