The law and the courts
Litigation & law practicePage 24
Case notes on running a claim through the courts, from evidence to costs.
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- Litigation & law practice
‘Unjust’ law side-stepped: WorkCover sure to prevail on parliament to fix
The court of appeal has given workers – and parliament - the benefit of the doubt in construing statutory provisions designed to restrict payouts for loss of services to injured workers.
- Litigation & law practice
Resort death shock: when a separate WorkCover assessment is required
Part of a Gold Coast security guard's psychiatric injury attributable to post-incident events will be un-compensable, following WorkCover’s successful strike out application in the Supreme Court last week*.
- Litigation & law practice
The law of roundabouts explained by Court of Appeal
The vexed question of who has to do what on traffic roundabouts came before the highest court of the state last week by way of an appeal by Suncorp concerning peak hour comings and goings in a Mackay suburb.
- Litigation & law practice
Broken neck from dive into Fitzroy River: "high" risk known to council
The Supreme Court has ruled on the claim of a 17-year-old student who sustained quadriplegia in September 2002 when his head struck the river bed during after-school play resulting in $5 million agreed damages.
- Litigation & law practice
Council denies liability for bus driver bashed while guarding its cash
A 42-year-old bus driver attacked by an unknown assailant with a piece of timber at 7 p.m.
- Litigation & law practice
Suncorp triumphant in limitation brawl with naïve 16 yr old – what did she know?
Elizabeth Hargans was in year 11 at Somerville House school when she was injured in June 2004 when her then-boyfriend drove into parked cars on a bottle shop run from a Graceville party they were attending.
- Litigation & law practice
Lockhart crash settlement one of final chapters in tragedy
This week saw the resolution of another passenger claim arising out of the May 2005 Transair Metroliner crash in which 15 occupants were killed when it smashed into mountains on approach to Lockhart River airstrip in far North…
- Litigation & law practice
Secretary’s awkward lift bad for betting boss: Tabcorp pays out on paper box back injury
The box weighed about 12.7 kg. It contained 5 reams of photocopying paper. Kathryn Dank was as close as she could get to it.
- Litigation & law practice
Solicitor hoisted on own petard: oily rag strategy no excuse after 4.5 year lapse
No step taken in his client's contract claim for more than four and a half years proved fatal in an application made by a Toowoomba solicitor for leave to proceed under UCPR rule 389. Proceedings commenced in November 2005.
- Litigation & law practice
Taxi cab confession costly: Client’s claim not filed because of poor prospects
It began in the taxi feeder rank at Brisbane airport in October 2002 when the driver was enjoying a lull and was eating a banana at the time he stepped into a hole in the kerb and injured his right shoulder.
- Litigation & law practice
Frosty medicals smash fortunate worker’s future salary loss funds
A Supreme Court damages ruling* this month well illustrates how the clock can be stopped on loss of future earnings calculations when residual disability is assessed as "minor".
- Litigation & law practice
Probable improbables: Driller takes on liability share in fall down unsafe Newcrest mine shaft
A seriously injured mine-worker overcame "improbable" facts "that might have been so obscure that no conclusions could be drawn", to defeat the combined resistance of his employer Downer EDI and mine-owner Newcrest, in a…
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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