Case notes by topic
The law and the courtsPage 7
Case notes on how claims are run and decided: damages, time limits, court procedure and the legal profession.
Newest first
- Litigation & law practice
Insurer defeated on jailbird’s injury claim strike-out due to own delay
A CTP insurer’s failure to “put its own house in order” in readying a case for trial has put paid to a bid to strike out for delay, an injury compensation claim by the victim of a vehicle assault that occurred in Mackay in…
- Litigation & law practice
Student visa crash victim wins permanent residency income loss
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 compensation for a January 2014 motor accident despite his permission to stay in…
- Litigation & law practice
Road authority in records cover-up until limitation expired, opposes extension
Queensland’s Transport Department withheld highway skid resistance and traffic crash records for a section of the Bruce Highway on which it failed to conduct resistance testing for the five years prior to a January 2009 single…
- Litigation & law practice
Insurer files appeal against Chief Justice $650k step slip award
Update — 28 October 2016: The Queensland Court of Appeal dismissed the appeal, so Ms Chandler's win at trial stands. The trial decision is explained below.
- Litigation & law practice
Facebook brings Woodford brain injury claimant crashing back to earth
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 Federation and the Woodford Festival organisation in the Brisbane District Court.
- Litigation & law practice
Court rolls insurer on water-ski liability immunity & policy exclusion, $800k for severed foot
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 Supreme Court.
- Litigation & law practice
What price staff safety? $15/night security escort too much for Domino’s to pay
A pizza delivery driver assaulted when locking up a Deception Bay restaurant has sued Domino’s Pizza for failing to provide adequate staff security.
- Litigation & law practice
No supervisor on meatworks floor: shoulder to shoulder boner wins $125k
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 process line.
- Litigation & law practice
‘Not injured at all’ rules judge amid medication confusion and ‘slow’ impact speed
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 jolted its occupant so badly that a permanent ongoing neck injury with constant pain…
- Litigation & law practice
Psych injury halts MVA return to work, cannabis no bar to $450k damages
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 service post following a February 2010 motorbike accident which literally saw his…
- Litigation & law practice
13 years on a slab; Qld court rejects daughters’ plea to stop mother’s burial
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.
- Litigation & law practice
Based at home staff: a home is still a home
Jane Farnham used her own car to get from her home to the many locations she was required to visit in her role as “community visitor” for Queensland’s Children’s Commission.
Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.
Hurt and not sure where you stand?
A no-obligation first consultation. A lawyer reads every enquiry, and we will be in touch within 1–3 business days.