CCL Blog: Take the Law........

10 March

3273 Views

Damages

Laparoscopic error: trivial damages for gruesome surgical outcome

The horrifying consequences of a laparoscopic error causing a puncture to a female patient's colon have been recounted in detail to a court only to yi

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09 March

3353 Views

aircraft accident

Seaworld helicopter tragedy must be a catalyst for law change

Claims for injury compensation arising out of the SeaWorld helicopter tragedy face two major legal hurdles in recovering compensation. Firstly, the

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30 November

3401 Views

Farm worker injury

Tragic farm worker accident: employer’s fault or that of auger supplier?

In what circumstances can the supplier of machinery that an employer allows to be used in an unsafe manner be made to bear responsibility for the inju

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29 November

4279 Views

Mining Injury

Miner triumphs over suspicion: court awards $1.95 mil for CRPS injury

An underground miner who presented with what one specialist described as the most obviously fake condition he had seen in his 40 years of medical prac

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28 November

3903 Views

sexual abuse

Aggravated damages for DV & sexual abuse rate lower than for wrongful arrest

A Gold Coast man acquitted of having broken into the home of his estranged wife and violently assaulting her has been ordered to pay her close to one

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27 November

3018 Views

Logistics worker injury

Handling unsafe weights at rapid pace: Aldi pays $160k for disc injury

A supermarket stocker has recovered substantial damages for injuries sustained as a result of being required to perform her role of repetitious handli

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30 October

2742 Views

First Responders

WCQ whipped on compliance ask for NOCD particulars of negligence

Are "high level" allegations - without particulars of the components of alleged negligence and causation pertaining to an injury - sufficient to meet

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28 October

3113 Views

First Responders

DV outreach worker awarded $1.25 mil for assault by client’s husband

A worker who is harmed a consequence of their employment but at a place totally unconnected with it can often recover compensation for the resulting i

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27 October

3406 Views

Damages

Appeal court cans “she’ll be right” verdict; future economic loss upped x 3

A ruling that a seriously injured not-at-fault driver was capable of a return to work following a road accident trial has been rejected on appeal as h

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26 October

3074 Views

nervous shock

A white van but can’t say which one: Nominal Defendant pays $844k

Can a motor accident injury claim against the owner of the vehicle suspected to be at fault for an accident also include a side claim against the nomi

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29 September

3133 Views

Farm worker injury

Horse breaker needed a bigger unit: inappropriate co-worker costs stud $1.4 mil

Sean McCormick had registered his concern that the assistant with whom he had been paired in his contracted role as a horse breaker on a thoroughbred

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26 September

3204 Views

train accident

Train accident calamity: over-eager passenger dragged between carriage and platform

A commuter who fell between the edge of the platform and a train after thrusting her arm between the closing doors of the carriage she was attempting

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25 September

3080 Views

car accident

Left unconscious in the back of hot car: does CTP apply to heatstroke injuries?

CTP insurance responds to an injury compensation claim arising out of someone else’s negligence if the injury results from - among other things –

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06 September

4230 Views

Cruise ship injury

Ruby Princess zombie cruise: consumer access to class actions under serious attack

North American guests aboard the Covid infected Ruby Princess zombie cruise have suffered a setback in their efforts to recover compensation

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31 August

3253 Views

hospitality worker injury

Everywhere worker gets green light to sue in Queensland for NT injury

A worker has been allowed to sue in Queensland for damages over an on-the-job injury in the Northern Territory by proving her usual employment was in

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30 August

3381 Views

psychological injury

Wrongful imprisonment at roadside; police fail on Nuremberg defence

Richard Walker had driven from his home in Darra to the Sunshine Coast hospital to meet with the palliative care team to discuss his father’s rapidl

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25 August

4045 Views

sexual abuse

Unwanted sexual touching for just “a few seconds” yields >$200k damages

A claim for a sexual assault on a 16-yr-old youth “in about 1972” that produced a mild mental injury and no proven loss of income has resulted in

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23 August

3147 Views

car accident

Driver in head-on highway accident also responsible for collision 2km distant

At about 2pm on Sunday 17 August 2014, Lisa Collins was heading northwest in the direction of Canberra on the Kings Highway near Monga NSW. She cam

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28 July

3487 Views

Road & footpath injuries

High roller denied procedural fairness: “serious reservations” on judge’s directions

A guest injured in the driveway of The Star Gold Coast after loading luggage onto a trolley has convinced an appeal court that a trial judge's dismiss

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27 July

4236 Views

Mining Injury

Labour hire worker causes $1.9 mil injury: host employer at fault

A coal mine using a hired-in workforce has been ordered to bear most of the cost of a severe injury caused by a labour hire worker. Titan Enterpris

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