By

davidcormack
I am cycling for the following charity rides – feel free to sponsor: Tour de Brisbane – 110km Gran Fondo – see the route via video Pies for MND- Yatala Pie Shop to Byron Bay via Tomewim Road and Murwillumbah – 170km MS Brissie to the Bay- 130km David Cormack Brisbane Barrister & Mediator
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WorkPac Pty Ltd v Rossato [2021] HCA 23 Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 ZG Operations Australia Pty Ltd v Jamasek [2022] HCA 2 In WorkPac the High Court determined the issue of whether the employee was a casual or not by reference to “enforceable terms,...
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WorkCover Queensland v Wallaby Grip (BAE) Pty Ltd (in liq) [2021] QSC 332 Section 207B has been the subject of interpretation in recent years in response to WorkCover Queensland seeking their statutory right of indemnity for compensation payments in claims involving asbestos manufacturers. Notable decisions are WorkCover Queensland v Amaca Pty Ltd (2010) 241 CLR...
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Bosk v Burgess & Anor [2021] QSC 338 The plaintiff was significantly injured walking on a footpath when a motor vehicle lost control on a roundabout and drove into him. The most serious injury was to his left leg, resulting in a below-knee amputation. At the time of the injury, the plaintiff was holidaying in Australia. The plaintiff was...
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Meechan v Savco Earthmoving Pty Ltd [2021] QCA 264 The appellant injured his shoulder when hit by an excavator on a work site. The excavator was operated by co-employee, Mr Harris, who unexpectantly swung the boom towards the appellant. Whilst the operator of the excavator was a co-employee, the claim was brought against the principal...
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Yang v WorkCover Queensland [2021] QSC 274 The applicant sought a judicial review of WorkCover’s decision to stop the applicant’s compensation benefits. The applicant made a claim for compensation under the Workers’ Compensation and Rehabilitation Act 2003 (WCRA) after suffering a stroke at work. In the first instance, WorkCover rejected the application. The applicant reviewed...
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National Injury Insurance Agency, Queensland v Harrison [2021] QSC 253 The applicant, the administrator of the National Injury Insurance Scheme, Queensland, under the National Injury Insurance Scheme (Queensland) Act 2016 (NIIS) filed an originating application under s.41(7) of the NIIS to sanction the “Preservation Notice” given by the respondent to the insurer (Suncorp) of the...
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Jennifer Kimber v Sapphire Coast Community Aged Care Ltd [2021] FWCFB 6015 With the Deputy President Dean dissenting and stating, “Never have I more strenuously disagreed with an outcome in an unfair dismissal application”, the issue of mandatory vaccinations for employees is far from resolved. The majority of Vice President Hatcher and Commissioner Riordan dismissed...
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Brockhurst v Rawlings [2021] QSC 217 The Plaintiff brought his claim against a former female teacher. The claim was for ‘grooming’ which culminated in sexual intercourse when 14. Whilst the relationship and intercourse was ‘consensual’ the Plaintiff was unable to legally consent because of his age. In the aftermath of the relationship being exposed and...
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Amaca Pty Limited v Werfel & Anor [2021] HCATrans 146 (10 September 2021) The High Court refused special leave that there was an error in whether the duty to warn of in situ asbestos products failed to account for the indeterminacy of the class of persons at risk of harm and the period of the...
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