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Personal Injuries -PIPA
SDA v Corporation of the Synod of the Diocese of Rockhampton [2021] QCA 172 The appellant was a former resident of a children’s home of the respondent. The appellant alleged he was sexually abused by Reverend M. The appellant requested disclosure under s.27(1)(b) of the Personal Injuries Proceedings Act 2002 (PIPA) of complaints made relating...
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Dunbabin v Camilleri [2021] QCA 144 The appellant sought leave to commence pursuant to s.59 of the Personal Injuries Proceedings Act 2002 (PIPA). The appellant had been assaulted and the respondent entered a plea of guilty. Subsequently, the appellant delivered a claim under the PIPA for the injury to the respondent. Whilst the appellant gave...
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Coleman v Caesarstone Australia Pty Ltd & Ors [2021] QSC 125 The applicant sought a declaration that the Personal Injuries Proceedings Act 2002 (PIPA) did not apply to the psychiatric condition, which was sustained as a result of a dust disease (silicosis). Section 6(3)(b) of the PIPA excludes the operation of PIPA for a dust disease. In declaring that the...
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Romano v Brisbane City Football Club & Anor [2018] QDC 67 The appellant, Romano sought leave to appeal to the District Court following the refusal of Magistrate Shearer refused to grant leave pursuant to s 43(1) of the Personal Injuries Proceedings Act 2002 (Qld). The basis for the denial by Magistrate Shearer was that the...
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Mears v State of Queensland [2017] QDC 322 Hornman-Wren SC DCJ The applicant was a student at a school operated by the defendant. In July 2007, while the applicant was walking with another student to class, the applicant’s foot clipped the other student’s foot which led to the applicant tripping and falling on loose garden...
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Yarwood v State of Queensland [2017] QDC 305 Devereaux SC DCJ The applicant, admitted as a solicitor in 1996, was sentenced to 4.5 years’ imprisonment in March 2011 for fraud related offences. The applicant alleges that he suffered personal injuries over a period of time from 9 March 2011 to 13 December 2011 while in...
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Ballingall v WorkCover Queensland & Ors [2017] QSC 133 The application came before McMeekin J arising out of an incident on 20 June 2013 from a back injury alleged to have been sustained from being violently thrown about in a drift runner (a vehicle used in underground coal mines). The applicant Mr Ballingall alleged he...
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Love v North Goonyella Coal Mines Pty Ltd [2017] QSC 140 The plaintiff was injured roof bolting with a colleague, Mr Saliba in an underground mine when the roof bolting machine known as a Rambor (weighing between 40 and 48 kgs) and operated by Mr Saliba fell from a height on the back of his...
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Baioumy v Wendt [2017] QDC 55 Morzone QC DCJ In facts that were unusual, to say the least, the plaintiff alleged suffering personal injuries and being falsely imprisoned on a fishing vessel at sea for several days. The plaintiff alleged he was detained on the vessel as part of a plan to enable a child...
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Day v Woolworths Ltd & Ors [2016] QCA 337 Further to the earlier post, the applicant, Day sought leave to appeal. The applicant was successful in relation to being released from the undertaking previously given but otherwise failed. The reasoning of Jackson J (McMurdo P and Philippides JA agreeing) changes the previous approach under the Personal...
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