Category

Negligence
I will be presenting at the QLS Symposium on 8 March 2024 in the Personal Injuries stream (5D). The session will discuss the landmark High Court decision of GLJ v The Trustees of the Roman Catholic Church for the Diocese of Lismore [2023] HCA 32 and its impact on claims for abuse victims. I will...
Read More
Mt Owen Pty Ltd v Parkes [2023] NSWCA 77 The Court of Appeal dismissed an appeal by Mt Owen against an order for damages of $2,050,953 due to a workplace injury caused by an incident at the Glendell coal mine. Mr Parkes, whom Titan Technicians Enterprise Pty Ltd employed, was injured when his co–worker, Mr...
Read More
Schokman v CCIG Investments Pty Ltd [2022] QCA 38 I refer to my earlier post and the trial decision by Crow J to dismiss the plaintiff’s claim. I refer you to the summary of the facts and that Crow J found the appellant’s co-worker’s actions were not committed in the course of his employment and hence,...
Read More
Minister for the Environment v Sharma [2022] FCAFC 35 The duty of care formulated by the primary judge that the Commonwealth Minister under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBC Act or the Act) had “a duty to take reasonable care, in the exercise of her powers under s 130 and s 133 of the Environment Protection and...
Read More
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...
Read More
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...
Read More
Smith v Reader [2020] QSC 48 Decision delivered 23 March 2020, Brisbane, by Ryan J Parties BEVERLEY ANNE SMITH (applicant) v STUART READER (Respondent) Issue The three year period in which to bring a claim for negligence expired, at the latest, on 17 October 2015. The applicant filed her claim on 24 October 2016. The...
Read More
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...
Read More
Stephens & Anor v Paradise Ultrasound Specialists Pty Ltd [2019] QSC 134 Crow J Mr and Mrs Stephens, the applicants, sought an extension of time under s.31 of the Limitations of Actions Act 1974 (“the Act”) to commence court proceedings for an action for wrongful birth and personal injuries consequent to wrongful birth after their...
Read More
1 2 3 48

Recent Comments

    Archives

    Categories