The law and the courtsPage 3

• Legal profession

  Doctor shopping? Insurer caught out as injury assessment strategy struck down

  Just how many medical examinations can an insurer require an injury claimant to endure?

  21 May 2019
• Litigation & law practice

  Tourist boat back injury foreseeable, just not where big wave caused tourist’s broken back

  A marine tourism operator has claimed civil liability immunity to avoid payment of $400k compensation for a serious spinal injury sustained by a passenger when its excursion boat encountered a steep wave.

  29 April 2019
• Litigation & law practice

  One of two brothers asleep at the wheel: “You were the driver”, “No it was you”.

  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 themselves injured in a single vehicle calamity in which each claimed the other…

  28 April 2019
• Litigation & law practice

  Psychiatrist’s suspicions hosed out on miner’s $1 mil depressive illness claim

  Global resources company Glencore has been ordered to pay $1 mil in compensation to an underground miner for an injury complicated by depression that a forensic psychiatrist reported to be faked.

  27 April 2019
• Litigation & law practice

  Three Cs biker overcomes chequered police history to defeat Suncorp shakedown in highway tanker prang

  Consistency consistency consistency. The following is a textbook example of how uniformity in a plaintiff’s account of an accident occurrence can trump a determined insurer attack on the claimant's credibility.

  26 April 2019
• Litigation & law practice

  One small step for man – employers reminded to keep up the training to staff

  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 Labrador in January 2012.

  27 March 2019
• Litigation & law practice

  In planes and on boats, bad acts by states lay siege to benevolent federal laws

  What law must be applied in the adjudication of a claim arising out of an overseas accident that is litigated in Australia?

  26 March 2019
• Litigation & law practice

  DIY psych treatment program ruled OK for ambulance officers’ trauma

  This first responder psychological injury claim arising from exposure to traumatic workplace events is instructive as to their inherent difficulties.

  18 March 2019
• Litigation & law practice

  Shower glue-job results in $223k soap dish injury to part time tenant

  Ben Fisher purchased his Port Hedland three-bedder in 2010.

  17 March 2019
• Litigation & law practice

  Water spill slip – just 90 seconds after cleaning inspection – wins $477k judgement

  What are the hazards on shopping mall floors that cleaners are expected to regularly detect and remove to keep customers safe? And how often should they be searched for and removed?

  24 February 2019
• Litigation & law practice

  Mining giant trounced on heavy rock compo hold out to "stoic" new recruit

  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 payout for income and other losses.

  22 February 2019
• Litigation & law practice

  Adrenaline "would have revived her"; $3 mil QAS asthma attack lawsuit fails

  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 spray from the front seat of her car but things got worse quickly.

  18 February 2019

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