The law and the courtsPage 10

• Litigation & law practice

  Employer’s limitation prejudice ruled relevant to only part of claim

  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 proceed to trial.

  6 August 2015
• Litigation & law practice

  Is quad biking a ‘dangerous recreational activity’?

  A child’s tragic quad bike accident has resulted in an authoritative and concise description of the complex interface between statutory guarantees, waivers and liability immunities associated with potentially dangerous…

  5 August 2015
• Litigation & law practice

  PTSD and depression: psychiatric injuries of the mind or organic in origin?

  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 alterations to neurotransmitter chemicals and pathways, ie organic changes, can also result.

  4 August 2015
• Litigation & law practice

  UK tourists fail to Captain Cook, campervan U-turn splatters Sunday morning bikers

  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’s December warmth.

  2 August 2015
• Litigation & law practice

  Shower injury wins compo for around-the-clock worker

  A worker who slipped on the bathroom floor while rushing to answer his phone will receive injury compensation from his employer despite the accident happening at his home.

  31 July 2015
• Litigation & law practice

  Psychiatric damages big part of $1 mil award when family told of air crash death

  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 the way they were told of the air crash that took his life.

  30 July 2015
• Litigation & law practice

  Telstra on hook for $16 mil helicopter wire-strike injury

  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 helicopter supplied – with crew – by Coff’s Harbour based Precision Helicopters.

  29 June 2015
• Litigation & law practice

  Good Friday "Christmas" party a Noosa River tragedy

  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 his bid to recover workers’ compensation in respect of his deceased wife’s death.

  29 June 2015
• Litigation & law practice

  Woolies pinged on “unlawful” hold out to injured worker’s $750k lawsuit

  A night-filler who injured his back from continuous awkward motions required of his role over the entire period of employment has succeeded in striking out a retail giant’s argument that may have sunk his claim.

  29 June 2015
• Litigation & law practice

  ‘That’s not a knife’: accidental stabbing not employer’s fault

  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 lunch break.

  27 June 2015
• Litigation & law practice

  From killing field to slaughter house: refugee worker in abattoir compo win

  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 consultant to inspect the abattoir to compile a report as to the safety…

  26 June 2015
• Litigation & law practice

  High speed country road gravel smash nets downed rider $615k

  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 would be forever changed.

  25 June 2015

Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.