The law and the courts
Litigation & law practicePage 17
Case notes on running a claim through the courts, from evidence to costs.
Newest first
- Litigation & law practice
Mixed messages on safety hands pig worker big win for knife slash
A Sarina slaughterman who avoided the use of a protective steel mesh glove because it slowed his work rate, has secured substantial damages as a result of a kill floor accident in August 2010.
- Litigation & law practice
Bali bombing journo’s PTSD: should superiors screen susceptible staff for stress?
A photographer for The Age newspaper assigned to shoot an anniversary pictorial of Australian victims of the October 2012 Bali bombings, suffered post-traumatic stress disorder (PTSD) and major depression in response to the…
- Litigation & law practice
Skier towed onto sandbank, insurer argues boat sports unsafe
The tragedy occurred at picturesque Chinderah, about 1 km south of the Barney’s Point Bridge as the Tweed bends gently northwards for its last long sweep before emptying through its mouth, the Heads that bear its name.
- Litigation & law practice
Tough crowd: improv falls flat on appeal court audience
The use of razor-sharp off-cuts as a workaround to protect electrical insulation during the construction of a Palm Beach condo development was a reasonable building technique for which an electrical contractor employer bore no…
- Litigation & law practice
Council fails to defeat road worker’s $642k truck descent claim, tray manufacturer exonerated
A council roadsign checker who sustained a disc injury in early 2006 as he slipped from a truck step while descending and fell to the road below, is the beneficiary of a $642,000 judgement delivered this month by the Brisbane…
- Litigation & law practice
Sexagenarian selfie wins limitation extension for legal precinct whack
A self-represented wellness consultant – injured when passing by Santos House in Turbot St on her way to give evidence at the since decommissioned Law Courts complex at North Quay - has gained a limitation extension to pursue a…
- Litigation & law practice
Workers fall short in psych injury claims; security guard gets $364k on temper tantrum appeal
In the first of three psychiatric injury decisions delivered in August - which speak to all the key elements of duty, foreseeability, causation and damage - electrical goods distributor AME Products has successfully defended an…
- Litigation & law practice
Army injury records shaft miner in $1.9mil damages ask
An underground coal miner whose back “exploded in pain” when hauling equipment along a mine tunnel has been awarded a fraction of the damages demanded as a result of the accident.
- Litigation & law practice
“Mind the gap”: when are verbal hazard warnings sufficient?
A spinal injury compensation claim by a Brisbane function organiser for a fall at a Valley hotspot has failed on appeal.
- Litigation & law practice
Masseuse exposed by clumsy detective’s brazen DVD capture
A claim for compensation that occupied the Brisbane District Court for five days has resulted in the claimant being judged as having “grossly exaggerated” her injuries.
- Litigation & law practice
Cycling not inherently dangerous: rider defeats council on Shorncliffe roadworks wreck
The Brisbane City Council has failed in its Civil Liability Act bid to hold out a fitness rider from injury damages after he was thrown from his bike on encountering unfinished bitumen resurfacing on a suburban bayside…
- Litigation & law practice
Court choice forces lower damages payout for injured farm labourer
Compensation damages to be paid by American nut conglomerate Hancock Agricultural have been reduced to fit the District Court jurisdictional limit after the court ruled it could not award the full sum assessed arising from the…
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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