The law and the courts
Litigation & law practicePage 7
Case notes on running a claim through the courts, from evidence to costs.
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- Litigation & law practice
Truck co agitates against driver’s neck $$:’story changed by new allegations’
A cement-truck driver who sustained serious spinal injuries when his head struck the roof of the cab as it traversed a rocky portion of a decline at a Mt Isa mine has blamed a sub-standard driver’s seat for his injury.
- Litigation & law practice
Court blasts limitation hold-out against faithful employee “who got on with life”
The 60-year-old carpenter had done manual labour all his working life. The last nine years - until March 2015 - were with the Fraser Coast Regional Council.
- Litigation & law practice
RACQ rebuffed on QCAT ruling re MVA victim’s financial capacity
The mother of a young man injured in a motor accident in February 2012 obtained rulings from the Queensland Civil and Administrative Tribunal that he lacked capacity to give instructions about his Supreme Court personal injuries…
- Litigation & law practice
Bus driver sued for $175k after commuter struck on Adelaide St
A pedestrian who ran the gauntlet amid stop-start traffic on Brisbane's Adelaide Street has sued the driver of the BCC bus that struck her just short of the kerb outside the Brisbane Arcade.
- Litigation & law practice
Fee-split contractor a worker for injury compensation
Professionals on “fee splitting” arrangements that specify them to be independent contractors rather than employees, are nevertheless likely to be a worker for injury compensation and perhaps other purposes.
- Litigation & law practice
Claimant overdoes hand tremor, experts recant on surveillance footage
Melanie Digby had worked at the Palmwoods campus for about 12 months when in June 2008 senior Constable Mark Reedman arrived for a “stranger danger” demonstration.
- Litigation & law practice
No mat on wet steps, dinner guest wins $782k for fall
A dinner guest who fractured her right ankle in a fall on a damp landing after kissing her hosts' goodnight has convinced an appeal court they should pay injury compensation for their failure to place matting at the top of stairs…
- Litigation & law practice
“Nothing accident” aggravates pre-existing condition on sideways sitting forklift?
A 36-year-old cold store employee with extensive experience in the operation of Reach forklifts – where the driver sits sideways to improve control getting in and out of narrow storage aisles has won a WorkCover appeal for what…
- Litigation & law practice
Staff breasts ogled by State Library supervisor, covert pics: ‘unconnected to employment’
A supervisor at the State Library used employer-issued equipment to take thousands of covert photographs of the breasts of female staff before his deeds were discovered.
- Litigation & law practice
Solicitor sues his lawyer, jet ski injury compensation damages not enough
Update — 16 December 2016: The Queensland Court of Appeal allowed Mr Rogers' appeal. It set aside the Supreme Court's orders, struck out only some paragraphs of his claim and gave him leave to file an amended claim.
- Litigation & law practice
Cleaner assaulted in early am car park hook up; Big Mac at fault?
A cleaner who claimed to have been attacked “by eight 20-yr-olds” in the car park of a 24 hour McDonald’s in the early hours of the morning in January 2008 has sued the restaurant and his employer for exposing him to the violent…
- Litigation & law practice
Palm Island pair win violent arrest damages, police ‘shock & awe’ raid unlawful
A further chapter in the extraordinary consequences flowing from the violent death of Cameron Doomadgee at the Palm Island police compound in November 2004 has closed after the state’s highest court awarded substantial…
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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