The law and the courts
Litigation & law practicePage 18
Case notes on running a claim through the courts, from evidence to costs.
Newest first
- Litigation & law practice
State files appeal in Fraser Island tetraplegia claim
A spinal injury compensation victory for an Irish tourist arising from an excursion to an inland Fraser Island lake in September 2007 is a subject of an appeal lodged by the state of Queensland against the April ruling that sees…
- Litigation & law practice
Cruise passenger bill of rights: just PR?
The Cruise Lines International Association has announced the adoption by the industry of a passenger bill of rights that guarantees the "safety, comfort and care" of guests.
- Litigation & law practice
New cruise ship injury laws on horizon: "Grandeur" set ablaze
As leisure cruising becomes a major segment of the Australian travel market with 53 cruise ships having a daily passenger capacity of 54,000 souls plying Australian waters and visiting 31 ports this year, a timely reminder of the…
- Litigation & law practice
Court chides lawyers for disclosure avoidance, blocks laborer’s $2 mil payout
The Supreme Court has chided a plaintiff's lawyers during a seven-day personal injury trial, for “deliberately not obtaining a signed statement” from their client to gain a forensic advantage by preventing a disclosable document…
- Litigation & law practice
Employer defeats $300k claim, not liable for employee’s "own carelessness"
A 28-year-old first-year apprentice electrician who was “roughing in” power cables to a Palm Beach apartment building in June 2008 was following a workaround procedure to prevent the cables being forced up against sharp framing…
- Litigation & law practice
Guest up $500k on appeal for "filthy" hotel needle stick injury
The Court of Appeal today reversed a judgment that last year saw a South Australian tourist fail in a lawsuit against Bonapartes Serviced Apartments in Spring Hill in which she claimed damages as a result of her hand being…
- Litigation & law practice
Food people just too fresh: court checks out assessment manipulation at damages gateway
Woolworths took no umbrage at a compensation claim arising out of the conduct of the butchery at its Ayr supermarket until it was made clear that the event for which damages were being sought was exposure to working practices…
- Litigation & law practice
Court raps WorkCover over "offensive" point taking in psych injury assessment
During the course of a statutory compensation process for a tennis elbow injury arising in the course of host employment over a period of six months in 2007 at Vinidex on Townsville's outskirts, WorkCover personnel surmised…
- Litigation & law practice
Patron falls flat on buffet claim
A restaurant patron injured when his chair collapsed mid-meal in January 2009, was last week stripped of the right to sue Toowoomba’s legendary Weis restaurant over an out-of-time lawsuit.
- Litigation & law practice
‘Puzzling’ plaintiff paints confusing picture, sinks claim
The presentation is familiar enough. A labourer feels a twinge deep in his back after a heavy or awkward lift or pull but rather than report it, decides to takes it easy until end of his shift.
- Litigation & law practice
Redcliffe’s many favourite sons: city’s role in "snail in the bottle" story
Today is one of fond remembrance for the citizens of Brisbane’s northern bayside of their favourite adopted sons, the Bee Gees, in whose honour a bronze sculpture will be unveiled this afternoon.
- Litigation & law practice
Appeal court ups damages to mark disapproval of prisoner treatment
Prisoner John Coffey was rewarded just prior to Christmas, with the Court of Appeal upping the damages the State must pay him as a result of over-aggressive prison treatment more than 10 years earlier.
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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