The law and the courts
Litigation & law practicePage 2
Case notes on running a claim through the courts, from evidence to costs.
Newest first
- Litigation & law practice
One of two brothers asleep at the wheel: “You were the driver”, “No it was you”.
Step brothers who set off on a road trip to get legal advice about the affairs of their father - deceased in a road accident 4 days earlier - were themselves injured in a single vehicle calamity in which each claimed the other…
- Litigation & law practice
Psychiatrist’s suspicions hosed out on miner’s $1 mil depressive illness claim
Global resources company Glencore has been ordered to pay $1 mil in compensation to an underground miner for an injury complicated by depression that a forensic psychiatrist reported to be faked.
- Litigation & law practice
Three Cs biker overcomes chequered police history to defeat Suncorp shakedown in highway tanker prang
Consistency consistency consistency. The following is a textbook example of how uniformity in a plaintiff’s account of an accident occurrence can trump a determined insurer attack on the claimant's credibility.
- Litigation & law practice
One small step for man – employers reminded to keep up the training to staff
With no thought of the physical toll that the heavy work might have on his 45-yr-old frame, Jason Kelleher took up his role with Century Batteries at Labrador in January 2012.
- Litigation & law practice
In planes and on boats, bad acts by states lay siege to benevolent federal laws
What law must be applied in the adjudication of a claim arising out of an overseas accident that is litigated in Australia?
- Litigation & law practice
DIY psych treatment program ruled OK for ambulance officers’ trauma
This first responder psychological injury claim arising from exposure to traumatic workplace events is instructive as to their inherent difficulties.
- Litigation & law practice
Shower glue-job results in $223k soap dish injury to part time tenant
Ben Fisher purchased his Port Hedland three-bedder in 2010.
- Litigation & law practice
Water spill slip – just 90 seconds after cleaning inspection – wins $477k judgement
What are the hazards on shopping mall floors that cleaners are expected to regularly detect and remove to keep customers safe? And how often should they be searched for and removed?
- Litigation & law practice
Mining giant trounced on heavy rock compo hold out to "stoic" new recruit
An “improbable” injury to a dump truck operator, on the job at a Thiess’ open-cut coal mine near Mackay for just two months, has yielded a $720k payout for income and other losses.
- Litigation & law practice
Adrenaline "would have revived her"; $3 mil QAS asthma attack lawsuit fails
Jenny Masson was already wheezing when she came through the front door of her friend’s Brinsmead home. She turned back round to get the Ventolin spray from the front seat of her car but things got worse quickly.
- Litigation & law practice
Burnt bodies & suicides – officer conceals PTSD, refuses counselling: awarded $1.4 mil
An appeal court has cleared a major injury compensation payment to a crack-hardy police constable whose superiors neglected to monitor her known PTSD condition during the four years after a return-to-work medical made the…
- Litigation & law practice
Grade 4 girl gets damages from school for student bullying
An 8-year-old girl whose identity has been suppressed, has settled her claim against a Los Angeles public elementary school for bullying.
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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