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In the case of Ingersole v Nancarrow & Anor [2016] QDC 315 the District Courts decision illustrates the application of s55 (3) of the Civil Liability Act 2003 (Qld) where earnings cannot be precisely calculated for personal injuries. Facts The Plaintiff was involved in a motor vehicle accident with the first defendant where his vehicle […]
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George v Morgan & Anor [2016] QDC 52 is a recent District Court of Queensland case that highlights the precarious nature of personal injury claims in slow moving vehicle accidents, particularly where medical evidence is lacking. The plaintiff was wholly unsuccessful in her claim. The case illustrates the need for potential plaintiffs to seek sound legal […]
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Oxenham v Protector Aluminium P/L [2016] QDC 312 is a recent decision of the District Court of Queensland that illustrates that even where a duty is owed by an employer to take reasonable care not to expose an employee to unnecessary risks of injury, a Plaintiff must actually prove factual causation that such breach of […]
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Prasad v Ingham’s Enterprises Pty Ltd [2016] QCA 147 is a recent decision of the Queensland Court of Appeal relating to the extent of an employer’s liability for a workplace injury. The appellant in this case, joins a long line of other personal injury claimants who are able to establish their employee breached its duty […]
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In the matter of Martin v Andrews & Anor, a moderate back injury resulted in the significant award of $1,272,572.10 compensation to the Claimant – one of the largest awards for an injury of this type. Background This was a quantum only motor vehicle case where the Claimant, Joshua Alfred Martin, was 39 years old […]
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Beaven v Wagner Industrial Services Pty Ltd [2016] QDC 299 is a recent decision of the District Court of Queensland that illustrates that an employer will not be liable for the injury of a employee where adequate training failed to be provided, if it cannot be shown that an employee would have acted differently in […]
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The recent District Court of Queensland decision of Greenway v The Corporation of the Synod of the Diocese of Brisbane [2016] QDC 195 demonstrates the need for employers to provide adequate support to employees who have been exposed to traumatic incidents. This includes, where necessary, updating policies and procedures to prevent psychological harm. Ms Greenway […]
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The Brisbane District Court’s recent decision in Adlington v Domino’s Pizza Enterprises Limited discusses criminal assault in light of whether an employer had a duty of care to protect an employee from criminal behaviour of a third party and if so, whether the breach of such a duty caused the employee’s injuries. Background Mr Adlington (Plaintiff) was employed […]
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Facts of the case Ms Wendy Clayton was employed as a concrete truck driver and operator for a concreting contractor, Jetcrete Oz Pty Ltd (“Jetcrete”). During one of her shifts, the concrete truck ran out of water and the concrete became hard in consistency, meaning that it had to be manually pushed out from the […]
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Myth: Accident Compensation schemes are wrought with frauds and malingerer. This statement is unsurprisingly false. Statistics provided by the Motor Accident Insurance Commission show that in 2011 – 2012 there were more than 3.6 million registered vehicles in Queensland. In that same year, 6,900 claims were made for CTP compensation, not at all a culture. More importantly, according […]
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