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Personal Injuries – Psychiatric/ Psychological Harm
TRG v The Board of Trustees of the Brisbane Grammar School [2019] QSC 157 Davis J FACTS Mr Lynch was employed at Brisbane Grammar School (the Respondent) as a counsellor. Over a one year period from 1986 and 1987, he sexually assaulted the Applicant on numerous occasions. [1]-[2] In 2001, the Applicant sued the Respondent...
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Caffrey v AAI Limited [2019] QSC 7 Flanagan J Facts The Plaintiff began his policing career in the United Kingdom, in approximately 1984, as a reservist for the Royal Military Police. He then joined the West Mercia Constabulary in 1995 before migrating with his wife and two children to Australia in 2005. At that time, he joined the...
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Oaks Hotels & Resorts Limited v Knauer [2018] QCA 359  Fraser and Gotterson JJA and Bond J Further to the earlier posting regarding the Industrial Court decision, Ms Knauer pursued her former employer through the Queensland Civil and Administrative Tribunal (QCAT). In the Industrial Court appeal, the issue was whether the injury satisfied the definition in...
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James v State of Queensland [2018] QSC 188 Judgement delivered 10 December 2018, Mackay, by Henry J The Plaintiff began working as a paramedic in 1991. In 2004, he was stationed with the Queensland Ambulance Service (“QAS”) at Mt Isa, sometimes relieving at Doomadgee, a single officer station [3]-[4]. Four incidents occurred throughout 2004 which resulted...
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Colwell v Top Cut Foods Pty Ltd [2018] QDC 119 The plaintiff sought damages for an assault which took place at work by a co-worker. The employer denied liability and the quantum of the damages claimed. The assault took place on 20 January 2014, and the protagonist was Mr Parks. The was no dispute the...
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Caffrey v AAI Limited & Anor [2017] QSC 339 Applegarth J In February 2013, Mr Byron Neil Williams, the driver of a motor vehicle, insured by the first defendant AAI Limited, collided with a tree resulting in his death. The plaintiff, a member of the Queensland Police Force, attended upon the scene of the accident,...
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Robinson v Lorna Jane Pty Ltd [2017] QDC 266 Koppenol DCJ The plaintiff was employed by the defendant as its manager in the DFO Brisbane store. During the course of her employment, the plaintiff claimed that she was bullied by her supervisor, also employed by the defendant. The plaintiff claimed that the bullying caused the...
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Brisbane Youth Service Inc v Beven [2017] QCA 211 Further to my earlier post the employer appealed the decision of Atkinson J based on whether [114]: (a) There was a foreseeable and not insignificant risk; (b) That a particular employee, the respondent; (c) In providing court advocacy services, away from T’s home and a 10...
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Robinson v State of Queensland [2017] QSC 165 The plaintiff claimed for psychiatric harm caused by her employer while working as the District Director of Nursing for the Cape York Health Service. The claim had two aspects. The first and more unique claim, was for the failure of management and Ms Turner, the Chief Executive...
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The Corporation of the Synod of the Diocese of Brisbane v Greenway [2017] QCA 103  Further to the trial and judgment for the plaintiff, while the negligence of the employer was not in issue, the Court of Appeal allowed the defendant’s appeal on factual causation under s 305D Workers’ Compensation and Rehabilitation Act2003 (WCRA) because the plaintiff could...
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