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Personal Injuries – Psychiatric/ Psychological Harm
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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White v Hertz Australia Pty Ltd [2017] QSC 82 Daubney J The plaintiff was employed by the defendant as a vehicle services attendant and leading hand. In March 2013, in the course of his duties, the plaintiff reached into the pockets at the rear of the front seats when his hand was pierced by a...
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Birch v AAI Limited [2017] QDC 66 Durward SC DCJ The application was for an extension of the limitation period for a psychiatric injury suffered as a result of a motor vehicle accident in February 2012. Relevantly, the applicant was employed as a clinical audiometrist, required to travel by motor vehicle to regional centres in...
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Green v State of Queensland, Brooker and Keating [2017] QCAT 008 In a growing trend, sexual harassment claims are being brought under the Anti-Discrimination Act 1991 (Qld) (the “Act”) which is not restricted in proceedings or damages in the same manner as the Workers’ Compensation and Rehabilitation Act 2003 (Qld). Member Gordon The applicant sought...
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Wearne v State of Victoria [2017] VSC 25 Dixon J The plaintiff was employed by the defendant as a case manager responsible for youth welfare in the criminal justice system. Between February 2007 and November 2008, the plaintiff claimed she was exposed to bullying and harassment by a supervisor and as such exacerbating her pre-existing...
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Optus Administration Pty Limited v Glenn Wright by his tutor James Stuart Wright [2017] NSWCA 21 HEADNOTE [This headnote is not to be read as part of the judgment] The appellant, Glenn Wright, claimed damages for psychological injury as a result of an attempt by a co-worker, Nathaniel George, to murder him by attempting to...
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Comcare v Martin [2016] HCA 43 I refer you to the judgment summary which states the facts. The High Court allowed the appeal and dismissed the interpretation of the statutory words “as a result of” in the context of ss 5A, 5B of the Safety, Rehabilitation and Compensation Act 1988 as requiring the application of the “common sense” approach...
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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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Harvey v Simon Blackwood (Worker’s Compensation Regulator) & Anor [2016] ICQ 014 Martin J The appellant was employed by Qantas as a flight attendant. In 2013, he was subject to allegations of sexual assault made against him by a colleague which led to his arrest and incarceration. Relevantly, an internal Qantas investigation found that the...
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