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Personal Injuries – Psychiatric/ Psychological Harm
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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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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The Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2021 (Qld) passed on 20 May 2021. The amendment introduces a presumption for certain workers diagnosed with Post Traumatic Stress Disorder (PTSD) by a psychiatrist under the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) to have an injury, if they are defined as first...
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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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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...
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Caffrey v AAI Limited [2019] QSC 7 Flanagan J Facts The Plaintiff began his policing career in the United Kingdom, in approximately 1984, as a reservist for the Royal Military Police. He then joined the West Mercia Constabulary in 1995 before migrating with his wife and two children to Australia in 2005. At that time, he joined the...
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Oaks Hotels & Resorts Limited v Knauer [2018] QCA 359  Fraser and Gotterson JJA and Bond J Further to the earlier posting regarding the Industrial Court decision, Ms Knauer pursued her former employer through the Queensland Civil and Administrative Tribunal (QCAT). In the Industrial Court appeal, the issue was whether the injury satisfied the definition in...
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James v State of Queensland [2018] QSC 188 Judgement delivered 10 December 2018, Mackay, by Henry J The Plaintiff began working as a paramedic in 1991. In 2004, he was stationed with the Queensland Ambulance Service (“QAS”) at Mt Isa, sometimes relieving at Doomadgee, a single officer station [3]-[4]. Four incidents occurred throughout 2004 which resulted...
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Colwell v Top Cut Foods Pty Ltd [2018] QDC 119 The plaintiff sought damages for an assault which took place at work by a co-worker. The employer denied liability and the quantum of the damages claimed. The assault took place on 20 January 2014, and the protagonist was Mr Parks. The was no dispute the...
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Caffrey v AAI Limited & Anor [2017] QSC 339 Applegarth J In February 2013, Mr Byron Neil Williams, the driver of a motor vehicle, insured by the first defendant AAI Limited, collided with a tree resulting in his death. The plaintiff, a member of the Queensland Police Force, attended upon the scene of the accident,...
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