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Practice & Procedure
Laing v Jones [2022] QSC 234 The plaintiff lived on the Sunshine Coast and was injured in a motor vehicle collision in Townsville but filed her claim in the Cairns Supreme Court. The second defendant objected to the trial in Cairns and filed an application under Rule 39 of the Uniform Civil Procedure Rules 1999...
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Mulivai v Utaileio & Anor [2022] QCA 173 Bond JA delivered the judgment of the Court of Appeal (Dalton and Flanagan JJA agreed). The issue involved mutually exclusive factual alternatives pleaded in an amended joint defence by the insurer, the second defendant on behalf of the driver (the first defendant), under the Motor Accident Insurance...
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Willmot v State of Queensland [2022] QSC 167 The plaintiff was born in 1954 and alleged between 1957 – 1967, when she was a “State child” under the State Children Act 1911, she was abused. The plaintiff is an Aboriginal person, and whilst a State child was under the ‘care and protection’ of the Aboriginal...
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Robertson v State of Queensland [2021] QCA 92 Henry J (Fraser and McMurdo JJA agreeing) The Plaintiff appealed the trial decision of Robertson v State of Queensland [2020] QDC 185 together with the pre-trial order for further and better particulars. The trial judge found against the Plaintiff on the basis there was no duty of...
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Manasse v Shine Lawyers Pty Ltd [2019] QSC 123 Crow J Facts The respondent sought damages for professional negligence from the applicant, Shine Lawyers, for allegedly improperly advising her to settle a personal injury claim for $150,000.00 [1]-[5]. Issue Shine Lawyers, the applicant sought to have the trial venue changed from Rockhampton to Brisbane [6]....
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Murphy & Ors v Gladstone Ports Corporation Ltd [2019] QSC 12 Crow J Facts [1] – [2] The three plaintiffs brought an action against the defendant in 2017 as the representative claimants in a representative action. The action alleges negligence in the design and construction of the bund wall for the Fisherman’s Landing Port Expansion...
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Clark v Ernest Henry Mining Pty Ltd [2018] QSC 253 The plaintiff brought an application for a declaration that the proceedings commenced in Rockhampton remain in Rockhampton, the defendant cross-applied for the proceedings to be transferred to Brisbane. The plaintiff was injured in 2014 while at work with Ernest Henry Mining Pty Ltd approximately 38...
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Day v Woolworths Limited & Ors [2018] QSC 266 The matter returned to court because the plaintiff refused to elect one of the doctors from the various specialities and an occupational therapist, the subject of an order a year ago by Douglas J on 27 February 2017 under the Personal Injuries Proceedings Act 2002. In...
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  The new Supreme Court practice direction 18 of 2008 – Efficient Conduct of Civil Litigation requires extensive steps to be taken at all stages of the litigation and commences on filing the claim. The steps include conferencing, document management protocols, an electronic preference for disclosure and document management, including at trial; agreed document plan, identification of...
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Carswell v KBRV Resort Operations Pty Ltd (No 2) [2018] QSC 110 Martin J Background The plaintiff was employed as a tour guide by the defendant. In March 2013, the plaintiff suffered a spinal injury while demonstrating to tourists the activity of jumping from the edge of a sand dune to the dune slope below....
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