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Personal Injuries -PIPA
Schimke v Clements & Suncorp Metway Insurance Ltd (No 2) [2011] QSC 208 I refer to my earlier posting and draw your attention the award of indemnity costs following a UCPR offer 3 months out from trial, which was substantially less than the MFO, but was not considered unreasonable. Brisbane Barrister – David Cormack
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   Algar v State of Queensland [2011] QSC 200 Breast Screen Queensland was last week protected by a Supreme Court ruling from disclosing internal communications pertaining to the negligent diagnosis claim of a Cairns patient who underwent screening in 2007 and 2009. Read more… Reproduced with the permission of Carter Capner Law.
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McDonald v Holy Spirit Care Services Ltd & Anor [2011] QDC 78 Issues: in the event of compliance with the compulsory steps and there remained 14 days in which to commence proceedings, whether Section 59 of PIPA applied and, secondly, in circumstances where the parties had agreed to extend the limitation periods, whether that was...
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State of Qld v Heraud & Anor [2011] QSC 96 Issue: whether the acceptance of a lump sum irrevocable offer pursuant to the Workers’ Compensation and Rehabilitation Act 2003 (WCRA) extinguished the right to claim damages pursuant s.6 of the Personal Injuries and Proceedings Act 2002 (PIPA), in circumstances where the State of Queensland was...
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Martens v Stokes & Anor [2011] QSC 65 Jones J struck out the plaintiff’s claim which alleged damages for personal injuries, but had not complied with the pre-court procedures as required by Chapter 2 of the Personal Injury Proceedings Act 2002 (Qld) (“PIPA”). The plaintiff argued because the claim was against the Australian Federal Police...
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Duong v Versacold Logistics Ltd & Ors [2011] QSC 35 I refer you to my earlier posting regarding the facts and judgment for the plaintiff. The matter returned on the issue of costs (indemnity or standard) in respect of both the plaintiff and second defendant. Plaintiff’s costs [2] The plaintiff seeks indemnity costs, on the...
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Fletcher v Brisbane City Council & Anor [2011] QDC 13 Judge Jones HIS HONOUR: This is an application for relief under three headings or categories. First, a request for further and better particulars; second, a request for information pursuant to section 27(1)(b) of the Personal Injuries Proceedings Act of 2002 and last, disclosure. The facts...
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Allen v State of Queensland [2010] QSC 442 Issues: The applicant infant was diagnosed as suffering severe brain damage following a cardiac catheterisation procedure performed at Prince Charles Hospital (PCH) on 23 December 2003, when he was 16 months old. During the procedure he developed a heart block. On 7 January 2004 the Acting Executive...
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Goff v Permanent Trustee Australia Ltd [2010] QDC 438 Carter Capner Law The District Court in Brisbane was asked to absolve a multitude of a statutory and procedural non-compliances relating to a personal injury claim for a U.K. tourist injured in 2001, when an inter-island ferry collided with a catamaran on which she was a passenger....
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Nichols v Curtis & Anor [2010] QCA 303 I refer to my earlier posting on the trial decision and costs. The issue on appeal was past loss of income, which his Honour Andrews J awarded no allowance. McMurdo P and Chesterman JA concurred with Fraser JA allowing the appeal and past loss of income in...
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