Have any questions? Call us: An overworked section head of the Cairns Regional Council who was blamed for financial errors and subjected to an unwarranted performance improvement
Keep up to date with the latest in the law.
An overworked section head of the Cairns Regional Council who was blamed for financial errors and subjected to an unwarranted performance improvement
A German holiday maker struck by a car on a footpath when its driver lost control on a Noosa Heads roundabout has been awarded over $2 mil in injury c
An appeal court has overturned a ruling that a labourer “not very interested in obtaining employment” was responsible for his own injury and that
Can an airline that tickets a passenger for a flight under its name escape liability under air carriage law because the flight is conducted on an airc
A customer who failed in substantial damages asked against Coles for an injury in its supermarket carpark has suffered the further indignity of having
A long serving customer service attendant whose overuse injury was rejected by WorkCover and the Workers’ Compensation Regulator has got up on appea
The Court of Appeal has refused to interfere with the exercise of discretion by the Central Judge in Rockhampton as to the suitability of his court to
A passenger who sustained a minor cabin injury aboard an Emirates B777 and who chose to sue in Australia has achieved a major legal breakthrough for a
WorkCover is required to accept or reject an application for workers compensation within 20 business days of receiving it.
That time constraint has
The victim of a sexual assault as a youth by the owner of a suburban theatre has sought damages for the resulting psychiatric injury he claimed preven
A mother with an impressive employment history and a string of occupational qualifications has been ruled by the Supreme Court as likely only to have
A Far North Queensland farm worker has won a substantial payout for being injured on the job by a falling banana tree as a result of inadequate traini
A retired NSW solicitor who chose to include an injury compensation claim with defamation proceedings he filed in the Federal Court over vile and abus
The father of an 11-yr-old girl killed when her light aircraft crashed minutes after take-off from an idyllic Hawkesbury River waterway, has lost what
An employee of a regional council centered on Moranbah in the Bowen Basin has won a ruling that the management action that caused an adjustment disord
The Ruby Princess departed Sydney on 8 March 2020 for New Zealand and returned on 19 March becoming the catalyst for the worst COVID-19 outbr
“It defies belief that a seemingly intelligent, mature, woman would risk her marriage and career to have a sexual relationship with a schoolboy,”
He was being driven to work by his wife when they were rammed from behind and spun 180° to allow a full view of the other vehicle being torn in half
A driver whose ute collided with the rear of a preceding vehicle on a highway in Central Queensland has failed in his attempt to blame the accident on
A visitor to a mountain lookout public park who fell on a step while descending a paved path has defeated the local council’s appeal against his $70
Accident related emotional trauma can have a devastating impact on a person’s quality of life and is a key factor in many personal injury claims. If
A serious accident during passenger disembarkation at a remote Australian airport, demonstrates the relative safety responsibilities of airlines, grou
A factory worker has won substantial damages after being run over by a runaway forklift that was serviced by its OEM supplier just 6 days earlier.
An Appeal Court has ruled that evidence of “malingering and exaggeration” should not bar an accident victim who “exaggerated or feigned symptoms
A suburban office worker has argued for substantial damages in a case filed against her employer for an ankle injury sustained in a fall when rushing
The tragic loss of life from the December 2019 volcanic eruption at White Island in New Zealand has made its way to the courts in a ruling that allows
A Whitsunday resort food & hospitality worker has been denied injury compensation for the conduct of his roommate in their shared employee accommo
A series of extraordinary events led to a light aircraft colliding with a Ferris wheel at a beach festival on the NSW mid-north coast in October 2011.
A central Queensland mine worker with multiple pre-existing medical conditions has been awarded substantial damages for a rare injury induced by prolo
Google and Facebook are right to think the News Media and Digital Platforms Mandatory Bargaining Code (MBC) is a hit-job.
The stated purpose of the l
A financial planner has lost his appeal against an order that he pay compensation to a motor accident victim for failing to warn her against over-spen
Rounding the turn to the right into the home straight on the 1600 m journey in race 7, Darcey – a 4yr-old mare – was boxed in on the rails with two
A negligence claim in NSW’s Supreme Court relating to an adverse outcome from surgery conducted in Toulouse and adjudicated under French law, has yi
A recent ruling on some residual cost issues arising out of the 2015 Federal Court sovereignty claim over the Elizabeth and Middleton Reefs that lie i
Dash cams are becoming extremely popular with footage of erratic driving and serious crashes going viral all over the internet.
Australians are esp
The NSW Court of Appeal has ruled in four test cases what hire charges are payable by at-fault drivers for a “free” replacement vehicle provided to th
A court ruling that made a wide-load truck driver responsible for an $850k traffic accident injury because he didn’t disobey road rules has been app
Councils and other authorities responsible for roads enjoy broad liability immunity for injuries caused by their otherwise negligent omission to keep
A cyclist who swerved to avoid a vehicle exiting a designated parking bay on a wide Townsville thoroughfare has been awarded substantial damages for i
The Court of Appeal has overturned the acquittal of QAS’s handling of an emergency asthma casualty who suffered a catastrophic hypoxic brain injury
A 46-yr-old nurse overrun by an aggressive hospital patient has defeated her employer’s argument that it had an adequate system in place to prevent
A financial planner whose too “low key” investment advice to a seriously injured motor accident victim resulted in her funds being depleted has be
An Ipswich GP who allowed a patient to make his own way to the P.A. Hospital emergency room rather than call an ambulance to conduct the transfer has
An appeal court has ordered a junior grocery chain to pay up on a damages assessment made against it in June 2017 for an injury to a 26-yr-old order p
A struck-down pedestrian has sued a national law firm for allegedly advising her to “under settle” her spinal injury compensation claim.
Natali
In the world of fruit, grapes rank the highest in the stakes of injury causation to unsuspecting foot traffic.
Such a case was yet aga
Just how many medical examinations can an insurer require an injury claimant to endure?
Consider the case of William Hinrichsen who suffer
A marine tourism operator has claimed civil liability immunity to avoid payment of $400k compensation for a serious spinal injury sustained by a passe
Step brothers who set off on a road trip to get legal advice about the affairs of their father – deceased in a road accident 4 days earlier – were the
Global resources company Glencore has been ordered to pay $1 mil in compensation to an underground miner for an injury complicated by depression that
Consistency consistency consistency. The following is a textbook example of how uniformity in a plaintiff’s account of an accident occurrence can tr
With no thought of the physical toll that the heavy work might have on his 45-yr-old frame, Jason Kelleher took up his role with Century Batteries at
What law must be applied in the adjudication of a claim arising out of an overseas accident that is litigated in Australia?
That question frequently
This first responder psychological injury claim arising from exposure to traumatic workplace events is instructive as to their inherent difficulties.<
Ben Fisher purchased his Port Hedland three-bedder in 2010. Six months or so later he noticed that the soap holder on the wall of the shower recess –
What are the hazards on shopping mall floors that cleaners are expected to regularly detect and remove to keep customers safe?
And how oft
An “improbable” injury to a dump truck operator, on the job at a Thiess’ open-cut coal mine near Mackay for just two months, has yielded a $720k
Jenny Masson was already wheezing when she came through the front door of her friend’s Brinsmead home. She turned back round to get the Ventolin spr
An appeal court has cleared a major injury compensation payment to a crack-hardy police constable whose superiors neglected to monitor her known PTSD
A 36-year-old Brisbane woman is suing doctors for a delay in diagnosing her cancer, despite multiple complaints and visits for her symptoms.
Jodie
A Gold Coast medical specialist who made a proposition to a patient that she should become his mistress has been ordered to pay compensation for the r
Personal injury claims are one of the most common types of civil lawsuits brought by individuals. Before lodging a claim, it is important you understa
On Friday December 8, CCL staff, partners and clients celebrated the end of a massive year of wins.
The festivities took place at Les
Gable Tostee is suing the state for $300K in damages, claiming he was assaulted and wrongfully arrested by police.
The accused ‘tinder k
No one wants to get injured at work. But sometimes accidents happen – especially if you’re working in a high-risk industry. So what should you do
In January 2012 Moyra Roane-Spray was being transferred from an ambulance at the Lamb Island ferry terminal en route to Redlands Hospital when the str
A Cairns man has been awarded substantial damages after he sustained a debilitating lumbar disc protrusion at the Raintrees Woolies store in Cairns.
The owners of a Brisbane restaurant are suing the SBS for defamation after it broadcast a segment which labelled their restaurant ‘offensive’ and
In March last year Holly Jones purchased two slices of her daughter’s favourite pizza – as she regularly did – from her local Whole Foods store.
Despite its reputation as a problem suburb, Inala is set to emerge as Brisbane’s next property hotspot.
Property analyst Terry Ryder fro
A 17-year-old boy has died after an incident at Lambton Pool in Newcastle, NSW.
Police attended the local pool after receiving reports of
A US court has awarded a restaurant patron substantial damages after he consumed a contaminated beer during a celebratory dinner with colleagues.
When Sarah Cranfield and her partner embarked on a family holiday, they imagined themselves enjoying the Gold Coast’s scenic beaches and not the ins
The dangers of fatigued driving are becoming well known now with a recent study, conducted by the Queensland University of Technology revealing import
Australian comedic actress Rebel Wilson is today celebrating her victory over Bauer Media, having been awarded a multi-million dollar sum for articles
Sydney is usually known for its superior beauty services. Unfortunately, this was not the case for beauty salon owner Jean Huang last week.
The 35-
Insurers have in the past refused to pay injury compensation claims to injured cyclists because cycling – they argue –is a “dangerous recreation
Twenty five children were lucky to escape unharmed today after a school bus collided head on with a vehicle on inland from the Gold Coast.
An 8-year-old girl whose identity has been suppressed, has settled her claim against a Los Angeles public elementary school for bullying.
William Mack wore the boots supplied by his boss, for two days before discovering a small wound on the bottom of the second toe on his left foot.
Most motor vehicle accidents ca
A hard-working aged care nurse who failed to mention her work injury – on any of her many post-accident visits – until two years after the event, has
A central Queensland colliery has argued that underground miners employed by a third party in its mineshafts were – to avoid injury liability – spec
A week after the July 2015 motor accident in Padstow Road, Eight Mile Plains, Jay Thuong saw his GP for treatment of the gradual onset of neck and sho
This type of insurance indemnifies the policyholder against claims made
Air New Zealand and Garuda Indonesia have both been fined for their role in a price-fixing cartel for air cargo shipments in Australia.
Brisbane’s newest runway has started taking shape.
The giant sandlot that runs parallel to Brisbane’s existing runway, will be transform
When Daniel Popp signed up for personal training with one of Australia’s biggest gym chains, he did not expect it to result in an abdomyolysis diagn
You put a lot into your business, so when you’re ready to let it go, you want the transition to be smooth. These “selling your business checkl
A bus driver who “exaggerated” the force of a traffic accident and the extent of her injuries has been awarded substantial damages by a Brisbane court
Soapbox preachers “moved on” by police from a street corner in Nambour in September 2013 have claimed $120k for wrongful arrest and unlawful impri
Can a person whose unsafe premises causes an injury, be held responsible for the consequences of a further accident sustained by their victim as a res
An alleged affiliate of notorious Brisbane motorcycle gang members must do battle for a second time to gain compensation from the driver whose careles
The Australian Competition and Consumer Commission is taking Thermomix to court after a number of people have come forward with injuries from the prod
A flight from Sydney to Albury ended dramatically after passengers jumped out of the plane as it landed and running out on to the tarmac following wha
A freak workplace accident has severely injured a 37-year-old man on the Gold Coast.
The man was on Expansion Street in Molendinar just b
Matthew Dornan negotiated his employment contract with PNG labour-hire company Pacific Manpower Ltd over four months while he was working in Queenslan
It’s a familiar enough puzzle. A driver turning across oncoming traffic claims never to have seen the oncoming vehicle.
The other clai
A “hard-working” hire car worker has been rendered unemployable from the psychological decompensation that followed a seat-pocket needle stick inj
The four boys were glad to find keys in the ignition before rolling the Toyota Hilux ute quietly down the driveway to avoid waking its owners in the T
Terrible images have come from Manchester today as an attack was carried out during an Ariana Grande concert.
The singer has already com
The new federal budget has sparked discussion all over the country today – but who is coming out on top?
THE WINNERS
In a decision that makes it feel as though justice will prevail, a Federal Court has ruled that Allison Baden-Clay’s thr
A woman has been exposed after she filed a fraudulent claim for workers compensation.
The Fort Lauderdale office secretary was found guilt
In a dispute over a design defect claim against its domestic subsidiary, a US Court has ruled that California courts cannot exercise jurisdiction over
On the 20th of January, this year people all over the world were surprised by the tragedy that was the Bourke Street car attack.
Follow
A misstep on stairs rarely results in compensation because it is a function of the person using them rather than of the stairs themselves.
A Brisbane Lions development coach has won a major victory against WorkCover for all claimants over the delivery of noncomplying notices of claim for
It took more than 3 years for Toni Birch to manifest serious anxiety and depression after witnessing a head-on highway collision, that by then prevent
An experienced pilot whose helicopter crashed after being caught in cloud in the PNG highlands – contrary to the air rules under which the flight was
While we are fortunate here in Queensland to have the overwhelming majority of agents hold themselves to the highest standards, it’s disappointing to
Driverless cars have been a hot topic in recent times with companies like Tesla, Apple and Google at the forefront in creating the car of the future.
Lionel Patea was yesterday sentenced to life in prison at the Brisbane Supreme Court over the murder of his former partner, Tara Brown.
On Septembe
The family’s overnight stay at the Gympie Motel in February 1998 was unscheduled.
Their car overheated on the trip from Bundaberg to B
The BP Chinderah roadhouse is a welcome landmark for those driving South to the Tweed Coast as it signals they are approaching their destination and f
Lamb Island – population 450 – in southern Moreton Bay is officially a “town” within the Redland City.
In emergencies, an ambulance
Geoff Barker had “probably about 7 rums” in a Port Moresby bar before arrival at the airport to board the Air Niugini flight PX025 to Brisbane in
A horrific air crash and explosion at Melbourne’s Essendon airport this morning that claimed the lives of all four passengers and the pilot of the
James Heinlein suffered first, second and third-degree burns when an e-cigarette exploded in his shirt pocket.
The damage extended down
A Brisbane based neurosurgeon suing Austrian Airlines after he jammed his pinky finger in the fold-out tray table.
Dr David Walker was
A 20-year-old Australian woman has been killed in a jet ski crash in Phuket Thailand over the weekend.
Emily Collie was holidaying wit
Generally, laws exist to keep people safe and maintain order in a country. But what about when some laws are too ridiculous to fathom?
S
A 15 year old boy with dual Australian and Iranian citizenship is facing missing out on an upcoming school trip to the United States
Donald Trump, the 45th President of the United States of America has had a crazy first week in office.
It all began with the White House
Locals have been rocked by the news that a Gold Coast stuntman has been killed while shooting a music video in Brisbane CBD on Monday afternoon.
One of the great things about travelling abroad is the opportunity to have new experiences. Being exposed to a different language, sights, smells, peo
A young woman has died and three others have been injured after a tourist plane crashed on Middle Island.
At around 10:30am on Tuesday
A family is suing Apple following an accident in which a male driver collided with their car, killing their 5 year old daughter, while he was using Fa
Earlier this month the Queensland Police Service announced the road toll for 2016 was higher than the previous years
A Jet Airways flight travelling from Goa to Mumbai skidded off the runway at Goa Dabolim airport at 5am on December 26 2016.
Flight 9W-2
Dramatic footage has emerged of a plane crashing into flames after the aircraft overshot the runway, leaving five occupants dead and one seriously inj
A stonemason has died today after being crushed by a 600 kg marble slab.
Ray Finch, a 61 year old man from Cleveland was said to have
On Monday a flight over Colombian suffered ‘total electrical failure’ before plummeting into a mountainside.
If you think Christmas is just about spending time with family and friends and indulging in parties and Christmas cheer, think again. This
A federal judge ruled on Friday in California that Twitter
For many people, it’s an ordinary but busy week. For others; it’s the start of the first week of schoolies.
Schoolies ha
Yesterday, Donald John Trump was elected the 45th president of t
Defying great odds, Sudanese refugee and criminal lawyer Deng Adut has been named the 2017 New South Wales Continue reading
Dashcams are becoming extremely popular with footage of erratic driving and Continue reading
In a bid to discover exactly what happened to Luke Dorsett, partner Roozi Araghi, sister Kate Goodchild and Cindy Low who all tragically died at D
A retired Bribie Island couple was so incensed by the noise and disturbance from their neighbour, for four years they kept a daily record of the next
The story begins with a “quite intoxicated” Thomas Hamilton returning with two others to one of the partygoer’s apartments in Sydney’s Rocks dis
The first Socceroo from South Australia to play in a FIFA World Cup qualifier, tragically died last month after his oxygen supply was mistakenly conne
Queensland Premier Annastacia Palaszczuk is furious at the issues with Queensland Rail that unfolded on Friday, with 100 services being cancelled.
30 year old Gable Tostee is on trial in the Brisbane Supreme Cour
An alleged gang associate – giving evidence via video link from Germany after the cancellation of his visa prevented his return to Australia – has tod
Like many organisations, the state peak body for child care professionals – the Family Day Care Association of Queensland – holds a biennia
An Eritrean migrant injured in the course of order picking duties at the Fresh Foodies’ Larapinta distribution centre has defeated his e
A tradesman claiming compensation for a serious back injury left the identification of the hazardous door mat on which he had slipped to a comparison
UPCOMING EVENT: Carter Capner, in partnership with NAB Browns Plains, are hosting a property market snapshot event.
If you are interes
A crane has left three workers hanging by just their safety harnesses after it collapsed on top of a North Sydney building.Owner’s Corporations a.k.a. body corporates have become more re
Two of Malcolm Turnbull’s neighbours in Wolseley Rd Point Piper have been caught out for an “unedifying brawl” which resulted in police prosecut
Ray White’s investment management service has been rapped over the knuckles for moving to terminate a rent-to-buy contract when tenants Troy & J
A bowel cancer patient on the public list at Rockhampton hospital has battled objections to the delay in start of injury compensation proceedings caus
Gary Burke paid $39k for 15,000 Wyndham “vacation credits” via an offer that doubled the credits and provided a two-for-one cruise at $2.5k.
Under the
This list, compiled by RACQ, is based on three years’ worth of MVA claim data. Check to see if your suburb is featured, and use extra caution when tra
A 30-yr-old Korean student who operated his own business during the maximum 20 hrs/week he was permitted by his visa to work, has received $355k in co
Queensland’s Transport Department withheld highway skid resistance and traffic crash records for a section of the Bruce Highway on which it failed t
Nothing frightens parents like the thought of their child being in an unsafe situation. Children are vulnerable and we trust childcare workers and sch
A night shift foreman armed with a poorly performing flashlight and infected with inattention “bred of familiarity and repetition” has been excuse
Blood and horror overtook Clive Silwood’s Clontarf home in the minutes that followed the calamity at his front door.
His visitor’s f
Stress in the workplace has become a significant health issue, with 3 in 5 Australians working more hours than they’re paid for. So it comes as no sur
Not reporting difficulties
A lot of people feel the need to Continue reading
A Victorian tribunal decided that the owner of a two-bedroom Melbourne apartment could not evict their tenants who had listed the abode on accommodati
A festival goer suffered a brain injury when stage lighting collapsed onto her tent on New Year’s Day in January 2008 has sued the Queensland Folk F
As petrol prices and obesity rates continue to soar, more and more Australians are taking up Continue reading
A freak accident resulting in a serious injury to an army private during a ski run on the Ross River in Townsville has been litigated in the ACT Sup
A pizza delivery driver assaulted when locking up a Deception Bay restaurant has sued Domino’s Pizza for failing to provide adequate staff security.
So the day has arrived, your child/niece/nephew/little brother or sister has finally passed their driving test and received their license, and you’r
Responsible for one third of all work related injuries and costing the nation $4.8 billion a year is… (drum roll please)…
L
With road rules being constantly amended and the more underused ones being mistaken or forgotten, it can be hard to keep up with all the rules in the
Five plaintiffs have been awarded $500 million due to faulty metal-on-metal hip implants.
After a two month trial Johnson & Johnson
Paul McGreevy started his March 2012 shift at the Cannon Hill abattoir about 5:30 am. By 7:00 am there was a back up of carcasses along the automated
A car that reversed into a Toyota Corolla at a petrol bowser was travelling so slowly the impact barely turned its wheels “half a rotation” but jo
A car accident can cause injuries that range from minor to catastrophic depending on a multitude of factors including speed, position in the car, coll
A CTP insurer has been ordered to pay substantial injury damages to a pot smoker whose de-motivational habit led to him quit a promising public servic
Being a first home buyer is an extremely exciting milestone, whether it be an investment or a home. With all the excitement, it’s easy to forget certa
Accident payments that arise through insurance or disability cover – whether or not another party is at fault – can be awarded as a lump sum or ongoin
Being involved in a car accident is never a pleasant experience. Even minor accidents can leave you extremely rattled and you may find it difficult to
The UK Supreme Court will soon hear what is being described as a landmark case to decide the country’s law on the extent to which courts can overtur
In a somewhat macabre ruling, the Court of Appeal has overruled efforts by three sisters to prevent the burial of their mother who died in 2002.
The
Gold Coast’s “Candyman” – the millionaire host to bevies of busty beauties at his luxury waterfront party pad – has notched up a win over his fo
Congratulations to Queensland Premier Annastacia Palaszczuk and employment minister Curtis Pitt for their courage in finalising the wind-back of a gro
Detective Thomas’ intense animosity towards Rosanne Beckett dated from 1983 when her Taree delicatessen erupted in flames.
Beckett sue
The Paradise Point outing in April 2010 was intended to give all staff who rolled up the thrill of an authentic jet boat ride on the Southport Broadwa
The tipper was one of many belonging to the Gold Coast City Council vast fleet fitted with a hydraulic tray and a cab-controlled tailgate that swung o
A three-month stint of fast-paced repetitive copying, collating, hole-punching and binding of thousands of papers to compile training manuals for cust
A Rockhampton compensation claimant has convinced a court his degenerative disc condition – commonly thought to be age-related – was as a direct r
How much responsibility should be allocated to a 12-yr-old boy who fell from his skateboard while hitching a ride behind a car?
Liam Sch
In steady rain and fading light Sue-Anne Sanig farewelled her 90-yr-old neighbour to descend – umbrella in hand – a garden path and trudge 500m al
Retail giant Coles has failed in an appeal bid to overrule an extension that allows a worker’s injury compensation claim dating from 2005, to procee
A child’s tragic quad bike accident has resulted in an authoritative and concise description of the complex interface between statutory guarantees,
In some cases, not only can a person’s mind be adversely affected by distress and other emotional reactions in relation to a calamity but alteration
They arrived in Melbourne from a bitterly cold UK winter just two weeks earlier and were making their way north along the coast basking in Queensland
A worker who slipped on the bathroom floor while rushing to answer his phone will receive injury compensation from his employer despite the acciden
The spouse and children of a vegetation officer killed on the job with a regional shire council have won substantial post-traumatic stress damages for
In April 2006 two Endeavour Energy employees were conducting an aerial inspection of power lines and poles near Wiseman’s Ferry north of Sydney in a
The husband of a woman tragically killed when diving from the beach at Noosa Woods into the river on a Good Friday “Christmas” party has failed in
A night-filler who injured his back from continuous awkward motions required of his role over the entire period of employment has succeeded in strikin
A shift-work fitter made no mention until months later of injuring his back doing heavy work usually reserved for a crane, because it wasn’t unusual
An earthmoving contractor has been sued for a stabbing wound from the owner’s son to a co-worker at a Redbank Plains construction site during a lunc
An Afghan refugee employed as a labourer on the process line at a Teys Bros meatworks has been compelled to seek court orders to permit his safety con
When Mark James set off on his motorcycle on a sunny Sunday morning in November 2011 for Gladstone, he had no idea that a few hours hence his life wou
The brother of two women with whom he was accused in Txts sent in March 2014 of engaging in consensual and non-consensual sex, has sued the sender fo
A former Brisbane airport baggage inspector who contested his dismissal by the Australian Quarantine Inspection Service, has sued a forensic psychiatr
A long weekend beach getaway to celebrate the 40th birthdays of two of the merrymakers ended in tragedy at Stradbroke Island’s Point Look
The logistical and linguistic hurdles of having to bring holiday injury claims in a foreign jurisdiction can often outweigh their benefit.
On her fourth visit on 25 September, Ferg
A senior manager and three administration officers employed at a Disability Services Queensland (DSQ) regional office have sued for over $2 million fo
The current generation of low-cost carriers has created a new market in air travel. Air Asia in Malaysia; Ryanair & Germanwings in Europe; an
A call centre trainee – who came within an inch of being hurled from a fourth-floor balcony by another inductee – has argued his employer bore respons
It’s routine in the USA even at the finest establishments. Diners box up their leftovers, or – to encourage a generous tip – their waiter doe
A town planner responsible for managing landside infrastructure planning at Brisbane’s ever-expanding Kingsford Smith airport has defeated insurer S
When an extraction unit at Boral’s Coffs Harbour asphalt plant failed in June 2006, it called in a crane crew to provide a safe platform for its mai
As elegant as are the ships of their fleet, ferries that ply the waters of Sydney Harbour are responsible for their fair share of maritime mishaps.
The loss by police of CCTV footage of the ejection of a patron from a Gladstone hotel was critical to a dispute over whether the pub should pay its cu
Queensland’s Taxi Council warns passengers risk their own safety through “unlawful, unsafe and uninsured” ridesharing and advertises as much
February 1 marked the launch of Carter Capner Law’s custom tool to give online shoppers greater insight – in seconds – into the actual results t
Yesterday’s election was an object lesson in voter retaliation. Topping the list of factors at the root of the backlash was the palpable distrust o
The failure to adequately brief an 80-yr-old charter yacht passenger before she boarded a vessel in Hamilton Island harbour is alleged to have caused
At 8,848m (29,029 ft) above sea level – close to the common cruising altitude for international airliners –the summit of Mt Everest is the world’s
RACQ admitted fault on the part of its insured driver for a Mackay intersection accident in January 2008 but fiercely contested the amount of compe
A bicycle rider who was sprung from his cleats and thrown over his handlebars to bounce once before landing on his back in Boundary Street West End wa
Shipping giant Carnival Cruises has lost a court bid to prevent substantial damages being awarded to a cruise passenger for injuries as a result of pa
A 12-year-old child survived an accident that killed her cousin when an out-of-control car mounted a kerb of the footpath on which they were strolling
Hardware giant Bunnings has been ordered to part with $700k after an appeal court ruled against its refusal to pay compensation to a staff member who
Green shoots that gave hope to Queensland’s economy 12 months ago – in employment growth and lower household debt stress – have not been sustained
The tranquil Clarence River was the setting of an alcohol-fuelled rampage that felled 32-year-old Luke Warren in the late hours of an August Friday ni
Council worker Osman Bakhit was moving temporary-fencing base slabs at Ascot’s Bartleys Hill Reservoir when he ruptured a disc in his back in 2011.<
The baby’s mother had purchased a gel pack which she used to treat a burn to his hand in 2008.
In her momentary absence, four-year-old J
Indemnity payments from labour-hire organisations to industry clients will be put under the spotlight as a result of a Queensland court ruling publish
The remarks by US President Barrack Obama to Brisbane university students concerning the Great Barrier Reef during the G 20 leader’s summit, have been
It was a perfect Sunday in June 2008 when the pair sped from Scarborough across the calm waters of the bay, for a morning of spearfishing at Cape More
After reversing his car into a level two space of a hotel car park, Thomas Lee and his wife Michelle – on their way to dinner at a nearby restaurant –
Part of the work of a roulette dealer is to gather chips used by gamblers and sort them into stacks by colour.
In 2004, Lidija Romig was a
With just six weeks to go before the start of G20 week, details of exactly what disruptions local businesses and residents can expect to endure are ye
As terror hysteria – fuelled for all its worth by media and politicians – grips the nation, a Supreme Court judge has issued a terse rebuke of the mis
The husband of a driver killed in an August 2004 country road single-vehicle accident has sued the local council for council negligence by failing to
A millworker injured at a plant operated by the Mackay Sugar co-operative has sued the organisation for an injury sustained in September 1994 for whic
Corrugations formed by frequent traffic on unsealed roads are a part of daily life in rural Australia.
The agriculturally rich Liverpool P
How urgently should a solicitor treat instructions for a new will from a frail but healthy and alert 94-yr-old, living independently with the assista
Steven Tinworth was heading south in heavy rain along the Cuningham Highway on 10 January 2011 about 50 km to the east of where – just a few hours lat
In an indicator of a heating property market, Redcliffe peninsula buyers have taken Supreme Court proceedings to hold a seller to their November 2013
With just two months until Brisbane’s biggest ever event is staged before a global media audience, the city’s PR machine is at maximum output, wor
The battle against the (stateless) Islamic State is, at last, a true “war on terror”. The west’s enthusiasm for a rebel victory in Syria has sud
The shooting down of an MAS Boeing 777 passenger jet in July in European airspace will bring litigation against some unlikely protagonists.
Jim Jones made application to the Supreme Court for the alteration of his wife’s will to prevent their daughter-in-law gaining interest in her $4.5
A year end staff & family day trip to Stradbroke Island ended in a king hit from another passenger that knocked out and seriously injured one of t
A casino croupier who crashed when homeward bound at 4:00 am after a 12-hour shift has sued the casino for ignoring safety measures she claims would h
A suspect has successfully sued police for the value of personal items confiscated by them and later inadvertently destroyed.
New South Wa
A court has found McDonald’s safety practices to be lacking and customers exposed to injury hazards when cleaning protocols were allowed to be shirk
A lawyer struck by a minivan as he stepped off the kerb outside terminal two at Sydney’s Kingsford Smith airport in May 2008 has successfully withstoo
Coominya abattoir operator Green Mountain, has escaped liability for a back injury to an 18-yr-old boning room worker after a Brisbane judge ruled the
A judges’ decision to refuse personal injury compensation to a jogger who collided with an SUV in suburban Kallangur has been ruled by three appeal ju
Indooroopilly homeowners who purchased a residence over two years before their landscaper fell through a rusted drainage grate have been held liable f
The full financial consequences of youthful exuberance have begun to emerge for a Stanthorpe man whose carelessness seriously injured five party gues
A baggage handler who fell when he was attempting to reef a container out of a Boeing 767 aircraft at Cairns airport and fell backwards onto the loadi
Neville Murray was about to order from a McDonald’s drive thru menu board, when his Nissan Maxima was bumped from behind, with enough force against
A worker who slipped on the lacquered surface of a bowling lane during a work arranged tenpin play-off, has sustained a $261k injury as a result of he
A worker who slipped on the lacquered surface of a bowling lane during a work arranged tenpin play-off needed surgery as a result of her fall.
By the time he ha
The mysterious disappearance of Malaysian Airlines’ Boeing 777 presents unique legal issues for families mourning the MH370 miss
Queensland’s well-intentioned “anti-bikie” laws appear to have spectacularly backfired on their proponents.
Premier Newman was itchi
The past month provides plenty of empirical evidence supporting the theory that the prevalence of airline passengers injuries resulting from turbulen
The mobile phone and an affordable family car are some of the greatest of human achievements. A moving car is also a dangerous object. Our mounting ro
A driver whose car was T-boned at a Rochedale intersection gave “less than satisfactory evidence” and was “less than forthcoming about her traff
A nurse undergoing aggressive behaviour training to assist in the management of violent patients has alleged her course leader should have taught hi
Suncorp has successfully denied a seriously injured BHP mine manager – who Continue reading
Video surveillance of a machine operator who continued to wear a sling after being told by his treating doctors to discard it has produced mixed outco
Queensland’s Court of Appeal has today dismissed a government appeal against an April 2013 ruling that holds it mostly at fault for the injuries susta
A Fokker 100 passenger jet arriving from Perth with 26 passengers and 7 crew suffered substantial damage in a landing accident at Nifty Airport, WA on
How should Queenslanders judge the state’s judiciary in the face of the confrontation with the Premier and Ministers over recent months?
The crash of a Scat Airlines domestic passenger jet on 29 January en route to Almaty in the south east of the country from Kokshetau in the north, app
Saudi Arabian Airlines international flight SV-2841 from Mashad, Iran with 299 passengers and 16 crew sustained a gear-up landing on Sunday resulting
A repossession agent has sued a CTP insurer for injuries sustained during the recovery of a rental fridge as hostility escalated from verbal abuse to
A Brisbane interior design company has been sued in Queensland’s District Court in connection with the unloading of its furniture consignment by a r
A German backpacker who stayed close to his broken-down van after it rolled to a stop at night, in the middle of the busy Bruce Highway, should himsel
Linhas Aereas de Mocambique (LAM) flight 470 en route from Maputo on Mozambique’s Indian Ocean coast to Luanda on Angola’s Atlantic coast, crashed kil
The long-overdue wind back of the spectacularly counter-productive PAMD Act has been set in train with the introduction to Queensland Parliament of en
As a member of the International Practice Committee of the American Association for Justice headquartered in Washington DC, Peter Carter provides peri
A Tropicair Cessna 208B Grand Caravan crashed on Monday in the course of a forced landing at a disused airstrip at Kibeni in the west of Papua New Gui
A motorcycle racing company has implored the Supreme Court to rigorously apply a federal “recreational services” antidote to protect its contractual l
A Boeing 737 airliner crashed on Sunday in the Russian city of Kazan, killing all 50 people on board and spotlighting the poor safety record of region
Lujpco Karanfilov was deployed alone at GE Money on Logan Rd, Stones Corner when he confronted two thugs menacing workers departing the premises at th
Wendy Grey sought legal advice in July 2011 for a possible common-law damages claim for cumulative workplace injuries that began as early as 2006 when
The presence of metal cupboard handles beneath a collating desk created an obvious risk of a knee injury which his employer ought to have removed, acc
A Court has ruled that a worker’s severe reading and comprehension disabilities sufficiently explained his 4 year delay in seeking legal advice about
The Supreme Court has refused labourer damages for back injuries resulting from a stairwell bump that sent him tumbling down as many as 20 steps durin
Routine job interviews have been lined with booby traps to kill off the chances of workers desperate to re-gain a job. And many applicants should now
A DHC-6 Twin Otter 310, operated by MASwings, sustained substantial damage on Thursday in an accident at Kudat Airport Malaysia.
Domesti
Policies & procedures and examples set by superiors were central to a $1.4 million injury claim by a 28-year-old fabrication foreman injured in a
A Sarina slaughterman who avoided the use of a protective steel mesh glove because it slowed his work rate, has secured substantial damages as a resu
A photographer for The Age newspaper assigned to shoot an anniversary pictorial of Australian victims of the October 2012 Bali bombings, suffered post
The tragedy occurred at picturesque Chinderah, about 1 km south of the Barney’s Point Bridge as the Tweed bends gently northwards for its last long
The use of razor-sharp off-cuts as a workaround to protect electrical insulation during the construction of a Palm Beach condo development was a reaso
A council roadsign checker who sustained a disc injury in early 2006 as he slipped from a truck step while descending and fell to the road below, is t
A self-represented wellness consultant – injured when passing by Santos House in Turbot St on her way to give evidence at the since decommissioned L
In the first of three psychiatric injury decisions delivered in August – which speak to all the key elements of duty, foreseeability, causation and da
An underground coal miner whose back “exploded in pain” when hauling equipment along a mine tunnel has been awarded a fraction of the damages dem
A spinal injury compensation claim by a Brisbane function organiser for a fall at a Valley hotspot has failed on appeal.
Karen Dowling was
A claim for compensation that occupied the Brisbane District Court for five days has resulted in the claimant being judged as having “grossly exagge
The Brisbane City Council has failed in its Civil Liability Act bid to hold out a fitness rider from injury damages after he was thrown from his bike
Compensation damages to be paid by American nut conglomerate Hancock Agricultural have been reduced to fit the District Court jurisdictional limit a
A spinal injury compensation victory for an Irish tourist arising from an excursion to an inland Fraser Island lake in September 2007 is a subject of
The Cruise Lines International Association has announced the adoption by the industry of a passenger bill of rights that guarantees the “safety, comfo
As leisure cruising becomes a major segment of the Australian travel market with 53 cruise ships having a daily passenger capacity of 54,000 souls ply
A late-night reveller was the victim of her own ill-judgment when she accepted a ride on the back of a motor-cycle from Brisbane’s Sofitel lobby bar b
The Supreme Court has chided a plaintiff’s lawyers during a seven-day personal injury trial, for “deliberately not obtaining a signed statement” f
A 28-year-old first-year apprentice electrician who was “roughing in” power cables to a Palm Beach apartment building in June 2008 was following a
The Court of Appeal today reversed a judgment that last year saw a South Australian tourist fail in a lawsuit against Bonapartes Serviced Apartments i
Woolworths took no umbrage at a compensation claim arising out of the conduct of the butchery at its Ayr supermarket until it was made clear that the
During the course of a statutory compensation process for a tennis elbow injury arising in the course of host employment over a period of six months i
The quaintly named Property Occupations Bill is finally in the public domain with Attorney-General Jarrod Bleijie already receiving subm
The extent of injury to a Mackay medical receptionist whose Holden Astra was wiped out by an oncoming vehicle that turned right through an intersectio
A restaurant patron injured when his chair collapsed mid-meal in January 2009, was last week stripped of the right to sue Toowoomba’s legendary Weis
The presentation is familiar enough. A labourer feels a twinge deep in his back after a heavy or awkward lift or pull but rather than report it, decid
Today is one of fond remembrance for the citizens of Brisbane’s northern bayside of their favourite adopted sons, the Bee Gees, in whose honour a br
Prisoner John Coffey was rewarded just prior to Christmas, with the Court of Appeal upping the damages the State must pay him as a result of over-aggr
A self-employed cyclist sustained serious injuries when he crashed into the back of a taxi that suddenly pulled in front of him and stopped, on Airpor
The District Court last week ruled that Queensland’s Personal Injuries Proceedings Act pre-court requirements do not apply to international a
Neil Balnaves, the skipper of the Bayliner cruiser returning from Couran Cove that collided head-on with a speedboat on a narrow bend in the Coomera R
WorkCover’s appeal against the Continue reading
The only description of a vehicle at fault for a motorcyclist brought down as he rounded a bend to join the Pacific Highway at Coomera was that is was
The criminal record of a tradesman injured at the “Promenade” construction site in Robina Town Centre in May 2009, sealed the fate of his $350k back i
The dockworkers at Brisbane’s Cairncross slipway were under some pressure to complete routine hull maintenance, during the Sun-Princess’ two-day d
A final chapter in the resolution of the May 2005 Lockhart River air disaster unfolded in the Supreme Court in October when five Cape York families we
The insurer for an unidentified utility, unexpectedly stopped in the “slip lane”of the M1 Nerang-Broadbeach Rd exit, will pay $112k in injury comp
An inebriated football fan – who baulked at paying the cover charge for entry to an Underwood nightclub – has won $70,000 in damages for injuries rece
An Acacia Ridge manufacturer who argued its employee’s shop floor fall was fictional, has defeated a $160k damages claim for the hip injury said to ha
A kindly aunt – battered and bruised after she lost her footing on paved suburban garden steps – has failed in her injury compensation bid after a cou
Prior medical conditions and an arrest history were only some of the blots on a past that Keith Kilner needed to overcome to establish credibility
A 30-year-old welder injured by a toppling crane in 2004, pleaded mental incapacity as the excuse for a delay until 2010 to commence his compensation
A hernia repair patient who claims to have been persuaded at the eleventh hour – “after she had been prepped for theatre” – to undergo a facelift in
A Bill to alter domestic air passenger injury compensation rights was yesterday introduced to Federal Parliament by transport minister Anthony Albanes
The lifestyle preference of a 32 yr-old travel industry sales manager not to “chase the highest income she can”, has counted against her in the assess
Corporate high-flyers are rare protagonists in injury compensation brawls. So when Neil Balnaves sued after a 2002 head-on boat smash on a narrow bend
A self-represented Lotus Glen prisoner has won a ten year battle against the state, with compensation for assault for overly aggressive conduct by cor
A South Australian tourist has failed to cast “an aura of prostitution and drug use” over a Spring Hill apartment complex where her hand was impal
It turns out that alighting from truck cabs and earthmoving machinery is indeed a hazardous affair, the su
Outstanding deeds from elite athletes demand all their ducks rowed neatly and just a feather out of place can ruin a performance or even a promisi
A 28 yr old would-be police officer, who broke her ankle by falling into an unguarded stairway void at South Brisbane’s Chalk Hotel in the dying hou
Management at Couran Cove resort was excused for failing to act earlier to fire a lunatic tradesman who seriously injured his 60 yr old co-worker by
A “technologically dumb” store clerk injured in a company-sponsored game of tunnel ball in August 2008, has been awarded $270,000 personal injury c
A $1.28 million damages claim was rejected last week amid controversy over the extent to which video surveillance evidence contradicted a plaintiff’s
An aggressive 24 yr old British tourist injured during an arrest in the Roma St backpacker precinct has recorded a compensation win against the employ
The description of the daily routine of Wacol’s correctional centre prisoner population in an April district court injury compensation award, may not
As Vanessa Morris was calmly driving along the Logan motorway, building materials and engine parts began raining on her car, as if from nowhere. S
The owners of one of Brisbane’s oldest high-rise office towers have escaped liability for facial scarring suffered by an intoxicated 29-year-old who
Retail duopolist Woolworths was last week ordered by Australia’s High Court to let go the $580,000 injury compensation damages ruled owing in August
A visiting overseas plumber serving out visa-mandated farm duties at a Mungindi cotton gin has been awarded $567,000 injury compensation damages after
Recent claims for trespass, battery relating to sexual abuse and wrongful imprisonment well illustrate the discretionary issues to be weighed in award
It took two trials and as many appeals before three judges, last week finally put Sonia Littlejohn’s bitterly contested compensation award against the
A “big four” bank was last week ordered to halt its refusal of injury compensation to a Gladstone customer server who fell to the floor when the bac
The Supreme Court this month ruled that pedestrians have every right to stroll on a roadway surface, awarding compensation to a Rockhampton teenager w
A seriously injured truck driver “of limited education” has won the right to pursue motor accident compensation damages after a last gasp limitation e
In a Supreme Court verdict published last week, a Cardwell mine worker’s exaggerated recovery from youthful sporting injuries slashed the compensation
Claimants’ medical records can so preoccupy an insurer that they become powerless to resist: like mythic
Yesterday’s decision to trash the prosecution of a former Solomon Islands attorney general – though the end of a brutal four year battle for Julia
Eve Lowe’s tumble on the floor surface remains of a red Slushee outside the Australia Post store at Pacific Fair Shopping Centre – while calamitou
On 27 August 2004, Karla Kalimnios was driving home along Logan Road Upper Mount Gravatt in peak hour evening traffic when knife-wielding Jason Ewen
Insurer suspicions about the veracity of Gympie girl Tenille Rossi’s account of the extent to which she was impaired by her September 2003 motor accid
Bitter as they were over the trouncing of their case that mill worker Robert Girone had fabricated his motor accident injury symptoms, Allianz took th
After Christmas day lunch in 2005, 17-year-old learner driver Debbie-Jo Simpson got permission to take a farm vehicle for a drive with her brother Sam
Appeal court battles – intimidating even the most experienced lawyer – can gain a sense of the surreal for plaintiffs who win a contested trial, onl
The crushing this month of a Mackay sugar mill worker’s common law damages claim for an over-period-of-time back injury illustrates well the potenti
The recent Supreme Court failure of a worker’s limitation extension application has highlighted once again how the statutory censorship regime that ap
Despite no satisfactory explanation for a 3 year delay, a 26 yr old plaintiff was this month allowed to proceed with a negligent “schoolyard supervisi
Three patrons who allege they were assaulted by police officer Adam Reedy at the Hotel Cunnamulla in May 2005 commenced proceedings for “general, aggr
In a joint judgment, three appeal judges last week admonished QC Syd Williams for a “lack of understanding about domestic tasks” over trivialising gra
Breast Screen Queensland was last week protected by a Supreme Court ruling from disclosing internal communications pertaining to the negligent diagnos
The Supreme Court on Friday ordered that a “stoic” plaintiff awarded $200,000 for the death of her 66-year-old workaholic husband should also recover
Allianz failed to overturn a $160,000 running down a verdict on the grounds the trial judge had engaged in unsupported speculation by relying on her
The spectacular collapse last month of a “deceitful” plaintiff’s injury compensation claim was for once a magnificent vindication of the (usually unsu
A “draconian” guillotine order that has the effect of automatically dismissing a motor accident injury compensation claim – should the plaintiff f
The line of authorities that demonstrates how plaintiffs might recover double damages against joint tortfeasors was bolstered on Thursday by a Supreme
A landmark judgment that traverses multiple aspects of the law of negligence this week delivered more than $760,000 to a Gold Coast social worker foll
The plaintiff claimed her massage therapist had misrepresented his qualifications as to “counselling”, had inappropriately advised her on personal
Workers have succeeded twice in two weeks against operators of Brisbane’s state-owned Southbank complex, defeating arguments that their only rights la
The Supreme Court last week ordered* a Rio Tinto company to pay a 50-year-old dragline operator $864,686.58 damages as compensation for injuries susta
The Court of Appeal reminded plaintiffs on Friday* that the bar to be cleared for an extension of time beyond a limitation period is high and that in
The court of appeal has given workers – and parliament – the benefit of the doubt in construing statutory provisions designed to restrict payouts f
Part of a Gold Coast security guard’s psychiatric injury attributable to post-incident events will be un-compensable, following WorkCover’s successf
The vexed question of who has to do what on traffic roundabouts came before the highest court of the state last week by way of an appeal by Suncorp co
The Supreme Court has ruled on the claim of a 17-year-old student who sustained quadriplegia in September 2002 when his head struck the river bed dur
A 42-year-old bus driver attacked by an unknown assailant with a piece of timber at 7 p.m. in June 2006 at a Balmoral bus stop when returning from a t
Elizabeth Hargans was in year 11 at Somerville House school when she was injured in June 2004 when her then-boyfriend drove into parked cars on a bott
As in the Arab states, Australian politicians are widely regarded as opportunist kleptocrats who will do just about anything to stay in power and have
This week saw the resolution of another passenger claim arising out of the May 2005 Transair Metroliner crash in which 15 occupants were killed when i
The box weighed about 12.7 kg. It contained 5 reams of photocopying paper. Kathryn Dank was as close as she could get to it.
Leaning forwa
No step taken in his client’s contract claim for more than four and a half years proved fatal in an application made by a Toowoomba solicitor for leav
It began in the taxi feeder rank at Brisbane airport in October 2002 when the driver was enjoying a lull and was eating a banana at the time he steppe
A Supreme Court damages ruling* this month well illustrates how the clock can be stopped on loss of future earnings calculations when residual dis
A seriously injured mine-worker overcame “improbable” facts “that might have been so obscure that no conclusions could be drawn”, to defeat the combin
Can occupiers escape liability for defective stairs if a plaintiff merely “loses their footing” ? How much loss of earning capacity applies to someo
The District Court in Brisbane was asked this month* to absolve a multitude of a statutory and procedural non-compliances relating to a personal injur
CTP insurer Allianz was last week defeated on all points in its Supreme Court denial of diminished working capacity for a 22-year-old sugar mill worke
The NZ embassy in Canberra has now responded to demands about misleading and deceptive injury compensation statements on its website by agreeing that
If you or your family are planning a trip to New Zealand, be warned that as you step off the aircraft after landing, you are entering a legal-liabilit
Solicitors who failed to lodge a WorkCover notice of claim for damages and apply to renew a claim until 11 years after a farm accident had injured the
After a five-day hearing in Mackay, the Supreme Court last month handed down judgment for the plaintiff in a liability admitted motor accident claim*
A plaintiff can bring separate actions against different defendants arising out of the same incident. This can occur whether or not the causes of acti
The NSW Court of Appeal * recently addressed “obvious risk” under that state’s Civil Liability Act and came to similar conclusions to the <
Outsourced jet pilot training and endorsement has been flagged as a potential black hole in the aviation safety regulation system. All aviation organi
The Civil Liability Act contains complex concepts of “obvious risk”, “inherent risk” and “dangerous recreational activity”. Nearly 8 years
In an encouraging case for plaintiffs, the New South Wales Court of Appeal * has recently shown that even an absence of recollection, eye-witnesses an
Yesterday’s damages award* to the fiance of Sally Urquhart killed with 14 others when Transair Metroliner smashed into mountains on approach to Lockha
In May 2007 Bill Brannock was jetting off with a friend on a month’s holiday from Brisbane to Adelaide. After being checked for boarding, the 84 yr ol
Rule 43 of the consultation draft of the National Legal Professional Solicitors Rules 2010 refers to “Dealing with the regulatory authority”. Rule
Courts in Queensland and New South Wales have recently ruled on the liability of personal trainers for injuries sustained by their clients.
In
In May, the Supreme Court * ruled on whether a pedestrian injured in Queensland as a result of the operation of the mechanical arm of a refuse truck w
From 1 July, a compensation regime which imposes Civil Liability Laws on Queensland workers comes into effect. At the same time, the Civil Liability L
Recent overseas air crashes involving Australians are tragic reminders of the importance of booking every leg of an international journey – especially
In April, the Supreme Court* ruled on another contract termination argument about apartment balconies and whether they measured up to contract terms.
The Queensland Premier today announced some relief to investors and commercial landlords from the worst aspects of changes to the basis upon which val
Every lease has a “permitted use” clause which specifies the nature of the operations that a tenant is entitled to conduct on the premises. Typically,
There has been a groundswell of protest from the real estate industry. The new sustainability declaration requirements impose a needless extra cost on
As a recent Supreme Court decision* illustrates, a change in the identity of the occupier of commercial premises does not necessarily constitute an un
A recent Court of Appeal decision* has clarified the validity of retail rent review provisos that allow for CPI or market review increases but specify
Tenant-in-default procedures for rental recovery and re-entry into possession are subject to specific statutory requirements. But forward-thinking com
Version 6 of the REIQ house/land sale contract specifies the “initial deposit” must be paid “when the buyer signs this contract”. Version 2 of the com
The Integrated Planning Act 1997 (“IPA”) mandates council approval in respect of some leases as if the lease were a subdivision of a lot.
On 1 July the Residential Tenancies Act 1994(“RTA”) was repealed and replaced with theResidential Tenancies and Rooming Accommodation
On 1 July the Residential Tenancies Act 1994 (“RTA”) was repealed and replaced with the Residential Tenancies and Rooming Accommodation A
On the 22 June s 212 of the Body Corporate and Community Management Act 1997 (“BCCMA”), dealing with cancellation by buyers of off-the-plan c
As we all know, the landlord or agent must give tenants a written condition report before the date of commencement of a residential tenancy – s 42 <
In September 2003 two Chinese buyers signed an off-the-plan contract for an apartment in an inner-city development. When the plan was finally register
In a radical alteration to the rights and obligations of parties to leases, the Retail Shop Leases Act (“RSLA”) requires landlords to give to tenants
This issue was clarified recently by the Supreme Court of Queensland*. M sent an offer on letterhead dated 8 April 2008 to Acme Real Estate offering t
What can a buyer do after a house contract is signed if they discover through solicitors’ searches that there is no council building approval for pa
Section 22 of the Retail Shop Leases Act 1994 (RSLA) requires a draft lease and disclosure statement to be given to the prospective tenant “a
The High Court of Australia recently ruled* that GST applies to forfeited deposits if:-
At lease review time, what should come first – the review of market rent or the exercise of the option?
Tenants would obviously prefer to know the
When the Retail Shop Leases Act (“RSLA”) was amended in 2006, combination and capped rent review provisions that were in common use but of qu
The standard REIQ finance condition in residential contracts states the buyer must give notice to the seller:
A facsimile transmission or e-mail is an “Electronic Communication” as defined in the Electronic Transactions (Queensland) Act 2001 (“ETA”).
The short answer to this question is “Immediately and always”. The standard REIQ residential contract provides in condition 8.1 that: “The Property is
The Workplace Health and Safety (WH&S) Regulation 1997 is often overlooked when contracts for commercial properties are prepared. If a commercial
The purchase of Australian residential real estate by foreign persons is governed by the Foreign Acquisitions and Takeovers Act 1975. The For
Frequently sellers will require a potential buyer to waive or shorten the cooling off period because for example, an auction is pending within the 5 d
In the past water licences were “attached” to land and accordingly were transferred automatically on sale. The Department of Natural Resources and
In this article we would like to remind agents who manage residential tenancies of the importance of the time limits for recovery of rental arrears un
Stamp duty changes that came into force today and trumpeted in the recent Queensland budget as a big gain for home buyers will put most buyers in the
The provisions of the Legal Profession Act 2007 that restrict what agents may do in relation to preparation of real estate contracts have been relaxed
In a recent development, some solicitors are requesting agents to sign an acknowledgement to confirm that PAMDA requirements have been observed in rel
There is a hidden trap in the Fire and Rescue Service Act 1990 (Qld) (‘the Act’). The effect of it is that under the standard REIQ Contra
The Property Agents and Motor Dealers Act (PAMDA) specifies that the form 30c warning statement must be attached to the contract as its first or top s
Contact our Compensation Lawyers by sending us an email and we’ll get in touch shortly, or phone between 8:30AM and 5:00PM Monday to Friday — we would be delighted to speak.
123 Charlotte Street, Brisbane QLD 4000 Australia
5/7 Grand Plaza Drive, Browns Plains QLD 4118 Australia
1/250 Ipswich Road, Buranda QLD 4102 Australia
Subscribe now to receive our monthly eNews directly to your inbox.