Case notes by topic
The law and the courtsPage 27
Case notes on how claims are run and decided: damages, time limits, court procedure and the legal profession.
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- Litigation & law practice
Cycling in park: no obvious risk, plaintiff succeeds
The NSW Court of Appeal * recently addressed "obvious risk" under that state’s Civil Liability Act and came to similar conclusions to the Bardon burnout case.
- Litigation & law practice
Unregulated airline pilot training a black hole safety risk for air passengers
Outsourced jet pilot training and endorsement has been flagged as a potential black hole in the aviation safety regulation system.
- Litigation & law practice
Burnouts not Dangerous recreational activity: crash risk not obvious: Plaintiff recovers $80k
The Civil Liability Act contains complex concepts of "obvious risk", "inherent risk" and "dangerous recreational activity". Nearly 8 years on, there remains a paucity of judicial guidance.
- Litigation & law practice
No witnesses, No recollection & intoxicated: Ambulance records only evidence of causation: Plaintiff wins $200,000 for fall into drain
In an encouraging case for plaintiffs, the New South Wales Court of Appeal * has recently shown that even an absence of recollection, eye-witnesses and sobriety may still lead to substantial damages.
- Litigation & law practice
Lockhart crash damages shows urgent need to update domestic air passenger compensation
Yesterday's damages award* to the fiance of Sally Urquhart killed with 14 others when Transair Metroliner smashed into mountains on approach to Lockhart River airstrip highlights the urgent need to update Australia's air…
- Litigation & law practice
Passenger’s injury claim grounded: Jetstar boarding injury no accident
In May 2007 Bill Brannock was jetting off with a friend on a month's holiday from Brisbane to Adelaide.
- Legal profession
Coercion provisions in national conduct rules against public interest
Rule 43 of the consultation draft of the National Legal Professional Solicitors Rules 2010 refers to “Dealing with the regulatory authority”.
- Litigation & law practice
Fitness training not sport: Trainers sweat $80k for broken ankle; escape crunch for disc prolapse
Courts in Queensland and New South Wales have recently ruled on the liability of personal trainers for injuries sustained by their clients.
- Legal profession
‘U r served’: Court orders damages claim to be notified by Txt
A Queensland court ordered this morning that a defendant be served with a compensation claim by way of SMS message to his mobile phone.
- Litigation & law practice
Recovery of CTP compensation if injured by stationary vehicle? When?
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 was entitled to CTP injury compensation.
- Legal profession
WorkCover changes part of creeping eradication of individual rights
From 1 July, a compensation regime which imposes Civil Liability Laws on Queensland workers comes into effect. At the same time, the Civil Liability Law itself will be tightened.
- Litigation & law practice
International air travelers warned – ‘Book all air travel from home’
Recent overseas air crashes involving Australians are tragic reminders of the importance of booking every leg of an international journey - especially side trips - from home.
Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.
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