Case notes by topic
The law and the courtsPage 8
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
MVA Golf Pro refused leave to add $4mil to claim
A real estate agent litigating his own claim against Suncorp has told the Queensland Supreme Court that he was “a bit confused” when he updated his statement of claim to include a $4 million ask for general damages.
- Litigation & law practice
Court blasts mining camp’s compo hold out for in-bed worker assault
An employer who fought all the way to prevent an appliance repairer getting Workers’ Compensation for injuries received from a mining camp assault has had its objections tossed out by the Queensland Industrial Court because the…
- Legal profession
PI lawyers do battle: witness box polish vs imperfection & apprehension
Did a Friday afternoon phone discussion between two injury lawyers before a Monday trial to canvass a potential settlement - with one already at home with his two young children - conclude a compromise of the action?
- Litigation & law practice
Truck co agitates against driver’s neck $$:’story changed by new allegations’
A cement-truck driver who sustained serious spinal injuries when his head struck the roof of the cab as it traversed a rocky portion of a decline at a Mt Isa mine has blamed a sub-standard driver’s seat for his injury.
- Litigation & law practice
Court blasts limitation hold-out against faithful employee “who got on with life”
The 60-year-old carpenter had done manual labour all his working life. The last nine years - until March 2015 - were with the Fraser Coast Regional Council.
- Litigation & law practice
RACQ rebuffed on QCAT ruling re MVA victim’s financial capacity
The mother of a young man injured in a motor accident in February 2012 obtained rulings from the Queensland Civil and Administrative Tribunal that he lacked capacity to give instructions about his Supreme Court personal injuries…
- Litigation & law practice
Bus driver sued for $175k after commuter struck on Adelaide St
A pedestrian who ran the gauntlet amid stop-start traffic on Brisbane's Adelaide Street has sued the driver of the BCC bus that struck her just short of the kerb outside the Brisbane Arcade.
- Litigation & law practice
Fee-split contractor a worker for injury compensation
Professionals on “fee splitting” arrangements that specify them to be independent contractors rather than employees, are nevertheless likely to be a worker for injury compensation and perhaps other purposes.
- Litigation & law practice
Claimant overdoes hand tremor, experts recant on surveillance footage
Melanie Digby had worked at the Palmwoods campus for about 12 months when in June 2008 senior Constable Mark Reedman arrived for a “stranger danger” demonstration.
- Litigation & law practice
No mat on wet steps, dinner guest wins $782k for fall
A dinner guest who fractured her right ankle in a fall on a damp landing after kissing her hosts' goodnight has convinced an appeal court they should pay injury compensation for their failure to place matting at the top of stairs…
- Litigation & law practice
“Nothing accident” aggravates pre-existing condition on sideways sitting forklift?
A 36-year-old cold store employee with extensive experience in the operation of Reach forklifts – where the driver sits sideways to improve control getting in and out of narrow storage aisles has won a WorkCover appeal for what…
- Litigation & law practice
Staff breasts ogled by State Library supervisor, covert pics: ‘unconnected to employment’
A supervisor at the State Library used employer-issued equipment to take thousands of covert photographs of the breasts of female staff before his deeds were discovered.
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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