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The Supreme Court of Queensland delivered a judgment regarding compensation for boating personal injury on the 24 October 2014 in the case of Du Pradal & Anor v Petchell [2014] QSC 261 awarding damages of $675,203 to a 71 year old male for personal injuries he suffered whilst diving/snorkeling near Cape Moreton. The case is significant in […]
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Miss Al Ali was 12 when, walking on a footpath with her cousin, a vehicle suddenly mounted onto the footpath and struck her cousin causing fatal injuries. Miss Al Ali later developed Post Traumatic Stress Disorder (“PTSD”), a psychiatric injury, with dissociative symptoms, from bearing witness to the horrific incident. She was awarded compensation for psychiatric […]
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Prasad v Ingham’s Enterprises Pty Ltd [2016] QCA 147 is a 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 of care but […]
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Facts of the case An employer owes a duty of care to its employees to take reasonable care to avoid exposing them to unnecessary risks of injury. Ms Wendy Clayton was employed as a concrete truck driver and operator for a concreting contractor, Jetcrete Oz Pty Ltd (“Jetcrete”). According to Ms Clayton, the incident happened during […]
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In Whitley v Aldi Stores [2017] QDC 50, the District Court of Queensland in Brisbane handed down a decision in which concerned a checkout worker who allegedly suffered a left wrist ganglion injury whilst scanning a 4kg bag of dog food. The Facts On Easter Saturday 2013, Mrs Nicola Whitley was working at a checkout register at […]
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Talty v Cotton On Group Services Pty Ltd is a decision from a District Court of Queensland involving a dispute as to the correct quantum of damages following a workplace accident. The Court ordered a significant award of $235,668.00 compensation to the claimant after sustaining a traumatic brain injury. Background Ms Talty (Plaintiff) was employed by […]
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Psychological Workplace Injury – Lunchroom disciplinary action not reasonable management action The decision earlier this month by the Industrial Relations Commision of Raineri v Simon Blackwood (Workers’ Compensation Regulator)[1] further clarifies when management action can become unreasonable and provides valuable insight to the scope of employee rights to a safe place of work as well as implications […]
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Davis v Terrivic Pty Limitedis a recent New South Wales Workers Compensation Commission decision that provides scope in defining ‘in the course of employment’ for workplace injury claims. In particular, Davis v Terrivic Pty Limited addresses whether an employee can still be injured in the course of employment after that employee has submitted a resignation. FACTS […]
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In this case note, the District Court had to determine whether to exercise it’s discretion to declare notice under the Motor Accident Insurance Act 1994 (Qld) when there had been a delayed application for the claim. Central to the Court’s decision was whether the Applicant’s explanation for the delay was satisfactory, and the prejudice it would […]
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Early in the morning on 25 November 2014 Glenn Garside was riding his motorcycle along Gregory Highway – at approximately 100kph. He was travelling behind a bus, which was travelling behind a truck. When he felt it was safe to, Mr Garfield moved into the centre of the road so he could overtake the bus […]
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