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Personal Injuries
My Damages Calculator App has been withdrawn and replaced with the following: Apps Actuarial Multiplier Weekly Sum Calculator Deferred Weekly Sum Actuarial Calculator Deferred Lump Sum Actuarial Calculator  
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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...
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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...
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I will present at the QLS Symposium 2023 – Foreseeability & causation issues in emerging occupational diseases & cancers on 10 March 2023. The past decade has seen the reemergence of “Black Lung” and a range of silica-related diseases from engineered and manufactured stone products. It has also heralded the introduction of workers’ compensation claims...
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Anderson v Pickles Auctions Pty Ltd [2022] QSC 265 Cooper J was asked to review a cost assessor’s decision regarding a claim under the Workers’ Compensation and Rehabilitation Act 2003 (WCRA) and costs under the Regulation.  The claim was compromised before trial, and the parties executed a Release and Discharge, which stated the defendant would...
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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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I refer to my earlier post, and by way of an update note, the High Court granted special leave for the employer to appeal on 16 September 2022. Extract from the application for special leave to appeal: EDELMAN J:   So, there had to be a tort that was found by the employee and it was...
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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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