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Keegan v Sussan Corporation (Aust.) Pty Ltd [2014] QSC 64 Henry J summarised the fundamental principles to be considered in a claim for psychiatric harm in an employment context and emphasised the importance of the facts and knowledge, which will be determinative of the outcome. Legal principles [20] An employer’s duty under the law of...
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AV8 Air Charter Pty Limited v Sydney Helicopters Pty Limited [2014] NSWCA 46 (Barrett JA at [1], Hoeben JA at [2], Ward JA at [139])   Catchwords TORT – negligence – claim for economic loss by owner of helicopter against bailee of helicopter arising from conduct of pilot – helicopter coming into contact with overhead...
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Kovacic v Local Government WorkCare [2013] QSC 256 WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – PRE-LIMINARY REQUIREMENTS – where the applicant seeks leave pursuant to s 305 of the WorkCover Queensland Act 1996 (Qld) to commence a proceeding for injuries sustained despite non-compliance with s 280 and the pre-court procedures contained in Chapter 5...
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The Chair of the Committee, Mr Michael Crandon MP, Member for Coomera, tabled the committee’s Report No. 28 – Inquiry into the Operation of Queensland’s Workers’ Compensation Scheme. Notably, changes to the handling of psychological injury claims, including the “reasonable management action” defence; employee fraud prosecutions to be undertaken by QCOMP; and recommendation 28 –...
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Bagiante v Bunnings Group Limited [2012] QDC 120 Dorney DCJ was required to assess damages of a 50 year old female customer service officer who had sustained a closed undisplaced fracture of the left ankle with ongoing chrondral pathology on 26/08/2008 then aged 47 years of age. His Honour preferred Dr Greg Gillett over Dr...
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 Allens Arthur Robinson In brief: A landmark decision recently handed down by the UK Supreme Court has found that there was no justification to continue to give expert witnesses immunity from being sued for negligence in relation to the evidence they give in court or the views that they express in anticipation of court proceedings....
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Allens Arthur Robinson In brief: The Full Court of the Federal Court has rejected the appeal from an earlier decision that found Men At Work’s hit song Down Under infringed the copyright in the popular folk tune Kookaburra Sits in the Old Gum Tree. EMI’s liability for the authorisation of infringement is yet to be...
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Allens Arthur Robinson In this issue: Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments regarding copyright, trade marks, patents and anti-counterfeiting. Copyright There is no copyright in this headline YouTube finds safe harbo(u)r in US copyright law ISPs in the spotlight again: iiNet...
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Appo v Stanley & Anor [2010] QSC 383 CATCHWORDS: DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – GENERAL PRINCIPLES – where plaintiff worked as a jockey and suffered injury to discs in his cervical spine in a fall during a race – where plaintiff...
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I refer you to the following policy direction by WorkCover Queensland in respect of the amendment to Workplace Health and Safety Act 1995: WorkCover understands that workers may need to reconsider whether they pursue their claims given the amendment to the Workplace Health and Safety Act 1995 to insert the new section 37A. If a...
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