The law and the courts
Litigation & law practicePage 15
Case notes on running a claim through the courts, from evidence to costs.
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- Litigation & law practice
Low flying pilot crashes into power line, not liable says court
A pilot who flew into a steel cable at very low level was not liable for the damage claimed by the passenger owner even though flying below a normal safe height, because he was avoiding cloud closing in upon the helicopter.
- Litigation & law practice
Kitchen worker handed $530k, medical specialist "disavows" earlier report
Kitchen worker wins $530k injury compensation for hand sliced apart after medical therapist "disavows" previous unfavourable opinion based on a misunderstanding of hand surgeon's report.
- Litigation & law practice
Play within a play: courtroom this actor’s stage
A former IT consultant turned real estate agent and would-be actor, delivered a less than convincing performance in a dramatic 3 day injury compensation appearance in Brisbane's District Court in February.
- Litigation & law practice
‘Hobby’ drone in Australia’s first near miss with commercial aircraft
An "hobby" drone - being flown on an aerial survey of a mine site in Horsham Victoria - came within 100m of colliding with a $200k agricultural aircraft in Australia's first UAV "near miss" in September 2013, according to an ATSB…
- Litigation & law practice
MH370 families in legal limbo over bank funds & insurance payouts, Qld courts have role
The families of MH370 passengers wanting to manage affairs and access insurance can apply to an Australian court to infer death without waiting for the usual 7 year period for "missing" persons by proving the passenger didn't…
- Litigation & law practice
Qantas and others face more frequent turbulence claims as consequence of climate change
Several recent turbulence incidents that have resulted in serious injury to crew and passengers indicate that these types of accidents are increasing, possibly due to climate change.
- Litigation & law practice
Claimant “coy” on intersection manoeuvre, RACQ wins on countback
Argument over who had the green light after a collision at a Rochedale intersection decided by in-road trigger of green light timing sequence.
- Litigation & law practice
Workcover bruised on 1, 2, 3 self-defence training technique, psych nurse collects
Liability of instructor in self-defence training can be mitigated by teaching the different parts of a technique separately before they are combined.
- Litigation & law practice
Insurer on attack over $700k/yr mine manager’s income loss claim
Stoic claimant who "found a way to cope" awarded less future income loss damages because he was "determined" and optimistic that his serious injuries would not impede his work career.
- Litigation & law practice
Video footage beats up on hoist injury shoulder claim
Video surveillance an insurer claimed proved a claimant to be untruthful was explained away in the context of GP advice to attempt to drive and perform other activities to exercise his shoulder and arm.
- Litigation & law practice
Fraser Island lake fall: state immunity claim fails, appeal judges rule for Irish tourist
Signs warning of some risk do not make all risks "obvious" for the purposes of Civil Liability Laws.
- Litigation & law practice
What’s the beef with Queensland’s judges?
Ministers speak as part of executive and should not be mistaken for speaking for parliament itself. While parliament may be "supreme", the executive is not.
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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