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Here are 9 results that may be of interest

Personal injury (9)

Court Decision

QCA unshackles damages claim

QCA holds contractor liable, despite worker’s negligent actions A recent Court of Appeal decision has emphasised the high standard of care imposed on construction contractors to take reasonable care for the safety of workers and the difficulty in o

  • Contributory negligence
  • Reasonable care
  • Personal injury

Court Decision

Workers' Compensation - Court holds that straight forward light manual task requires prior instructions

The recent Supreme Court decision of D’Arcy v The Corporation of the Synod of the Diocese of Brisbane [2017] QCS 103 found that an employer was liable for failing to train and instruct a worker how to lift a wheelie walker from the boot of a veh

  • Personal injury
  • Medical
  • Workplace injury
  • Liability

Court Decision

Late claim allowed for medical negligence: When is expert opinion a material fact of a decisive character?

In the recent decision of Quinn v State of Queensland (No. 2) [2016] QDC 156, the District Court of Queensland allowed an application for an extension of the statutory limitation period for a belated personal injury claim for damages arising from all

  • Statutory limitation
  • Insurance
  • Personal injury
  • Medical negligence
  • Limitation period

Court Decision

Assessing damages in light of pre existing conditions: the test in Malec v Hutton affirmed

In McQuitty v Midgley & Anor [2016] QSC 36, the plaintiff suffered multiple injuries, the most significant of which was a severe brain injury, as a result of a motor vehicle accident on 28 August 2003.  He was 20 years of age at the time of the

  • Personal injury
  • Insurance

Court Decision

There’s no place like home (office): Court considers the applicability of the CLA to journey claims when working from home

The recent decision of the Queensland Court of Appeal in Farnham v Pruden & Anor [2016] QCA 18 explores the distinctions between home and “place of work” in the context of journey claims.  It also confirms that the courts are very willing

  • Personal injury
  • Insurance
  • Expert witness
  • Future economic loss

Court Decision

Welcome decision for employers as worker’s late claim for damages is rejected

In the recent decision of Dent v Langs Building Supplies Pty Ltd [2015] QSC 368, the Supreme Court of Queensland dismissed a worker’s application for an extension of the statutory limitation period in respect of her belated claim for damages, arisi

  • Personal injury
  • Insurance
  • Damages

Article

How does family violence impact upon parenting matters in family law?

On White Ribbon Day, Partner Geoff Wilson explained how family violence impacts upon parenting matters under the Family Law Act (FLA). Unfortunately, separating families report the highest levels of family violence in the Australian community. Resea

  • Domestic violence
  • Separated families
  • Child abuse
  • Personal injury
  • Threats
  • Assault
  • Equal shared parental responsibility

Court Decision

When do stairs require extra precautions?

Stairs are an everyday hazard and are regularly the subject of personal injuries litigation in Australia.  Most occupiers now ensure that their stairs are equipped with a standard tread and riser, suitably coloured to alert users to their presence,

  • Hazard
  • Insurance
  • Personal injury
  • Plaintiff
  • Stair-related injuries
  • Compensation

Court Decision

Disclosure of witness statements under PIPA: Mahoney v Salt

A recent Supreme Court of Queensland decision highlights the need for lawyers to give detailed and specific instructions to investigators in the course of personal injury investigations.  Mahoney v Salt [2012] QSC 43, delivered on 6 March 2012, is

  • Insurance
  • Personal injury
  • Investigations
  • Respondent