The law and the courts
Litigation & law practicePage 14
Case notes on running a claim through the courts, from evidence to costs.
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- Litigation & law practice
Mining slump no bar to $865k boilermaker verdict, specialist’s opinion ‘inexplicable’
Having accepted that a claimant's pain was genuine, a judge has rejected a doctor’s view that his symptoms were “inexplicable” and ruled that it would be “even more inexplicable” for the symptom to be unconnected to the severe…
- Litigation & law practice
BHP slammed on miner’s injury limitation block
BHP slammed for a questionable limitation strategy to try to prevent a graduate mine engineer exercising compensation rights after a serious injury in a Queensland coal mine.
- Litigation & law practice
Difficult-to-drive crane in out of control road crash, employer not liable
A construction supervisor has claimed his employer liable for crash injuries for not warning him of the unsuitability of Franna cranes in road travel.
- Litigation & law practice
Motorcyclist sues for stones on road, wins $1.3 million
Boral and a local council have been ordered to pay injury compensation for a motorcyclist losing control on loose stones washed onto road by heavy rain just days after they completed a roadway upgrade.
- Litigation & law practice
Is single-engine flying training a dangerous recreational activity?
Court rules single engine flying training is a dangerous recreational activity with an obvious risk of the plane not be able to land safely or the pilot might in an emergency situation, make an incorrect decision.
- Litigation & law practice
Mirvac nailed on railing, outsourcing no defence
Builders have a duty to inspect sub-contractor's work and if they ought to know they are incompetent, the builder can be held liable for the consequences of poor workmanship.
- Litigation & law practice
Just how ‘loyal’ must solicitors be? Appeal court decides
After a solicitor’s role in a transaction has come to an end, “there is no continuing equitable or contractual duty of loyalty by the solicitor to a former client”, they held. To so act was not “a conflict of interest”.
- Litigation & law practice
‘Some controversies should never be litigated’: plaintiffs to pay $1 mil costs after rejecting $600k offer
A long running feud among neighbours in an idyllic waterfront hamlet has ended after four months in court, with one set of protagonists ordered to pay the legal costs of the other and those of local police, estimated to exceed $1…
- Litigation & law practice
Unconventional relationship equally a ‘marriage’ for dependency rules
Queensland's highest court has been asked to decide the essential elements of a de facto partnership and whether the male partner of a woman who died in a motor accident in June 2007, could recover dependency damages as a result…
- Litigation & law practice
Deficient tools decide damages demand for "poor historian", wins $680k
A history of deficient tools failing on the job and unresolved safety complaints helped a worker prove his employer caused his back injury.
- Litigation & law practice
N.T. cattleman sues Robinson over crash, claims helicopter "defective"
Robinson helicopters has defeated a Queensland injury lawsuit claiming alleged deficiencies in its maintenance manual concerning inspections of flexplate bolts, rendered the R22 product, "defective".
- Litigation & law practice
Vulnerability no bar to bullied shoppie’s $1.2 mil damages ask
A claimant's high vulnerability to psychological injury does not reduce an employer's responsibility for the consequences of bullying but is relevant in assessing the financial loss sustained.
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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