injury compensationPage 10

• Legal profession

  Worst plaintiff ever? Dramatist of his own disaster in demolition of mental disorder damages

  After a five-day hearing in Mackay, the Supreme Court last month handed down judgment for the plaintiff in a liability admitted motor accident claim* – where the plaintiff scored possibly the lowest ever tally on Queensland’s…

  13 October 2010
• Litigation & law practice

  Can we really? Plaintiff can recover the same damages from different defendants?

  A plaintiff can bring separate actions against different defendants arising out of the same incident. This can occur whether or not the causes of action are different. But how are damages assessed in each case?

  24 September 2010
• Litigation & law practice

  Cycling in park: no obvious risk, plaintiff succeeds

  The NSW Court of Appeal * recently addressed "obvious risk" under that state’s Civil Liability Act and came to similar conclusions to the Bardon burnout case.

  23 September 2010NSW Court of Appeal
• Litigation & law practice

  Burnouts not Dangerous recreational activity: crash risk not obvious: Plaintiff recovers $80k

  The Civil Liability Act contains complex concepts of "obvious risk", "inherent risk" and "dangerous recreational activity". Nearly 8 years on, there remains a paucity of judicial guidance.

  1 September 2010District Court of Queensland
• Litigation & law practice

  No witnesses, No recollection & intoxicated: Ambulance records only evidence of causation: Plaintiff wins $200,000 for fall into drain

  In an encouraging case for plaintiffs, the New South Wales Court of Appeal * has recently shown that even an absence of recollection, eye-witnesses and sobriety may still lead to substantial damages.

  30 August 2010New South Wales Court of Appeal
• Litigation & law practice

  Lockhart crash damages shows urgent need to update domestic air passenger compensation

  Yesterday's damages award* to the fiance of Sally Urquhart killed with 14 others when Transair Metroliner smashed into mountains on approach to Lockhart River airstrip highlights the urgent need to update Australia's air…

  27 August 2010
• Litigation & law practice

  Fitness training not sport: Trainers sweat $80k for broken ankle; escape crunch for disc prolapse

  Courts in Queensland and New South Wales have recently ruled on the liability of personal trainers for injuries sustained by their clients.

  4 August 2010
• Legal profession

  WorkCover changes part of creeping eradication of individual rights

  From 1 July, a compensation regime which imposes Civil Liability Laws on Queensland workers comes into effect. At the same time, the Civil Liability Law itself will be tightened.

  30 June 2010

Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.