BACKGROUND Ms Karen Foster was a bus driver who suffered significant injuries when the defendant lost control of his car and a drove into her bus while she was on shift. Her injuries were typical of “whiplash” – neck and back pain that restricted her range of movement and impacted her daily life, as well […]
Wishing everyone a Merry Christmas and a Happy New Year!! Our office will be closed from 5.00pm, 22 December 2017 and will open again at 8.30am, Tuesday 02 January 2018.
Sexual abuse matters, removal of time limitation and the need for consistent evidence: Case Study – Connellan v Murphy [2017]
Where childhood sexual abuse cases can be permanently stayed Personal injury claims that arise from early childhood events are always difficult to manage from an evidentiary perspective. There is considerable research into the way that memory functions, particularly childhood memory, which brings the quality of evidence into question. For this reason, many Australian jurisdictions have […]
How are damages calculated for Motor Vehicle Accidents?
Thuong v Liu & Anor [2017] QDC 196 is a recent Queensland District court decision where liability had been established and the calculation of damages for past economic loss and future earning capacity was in dispute. The incident Mr Thuong (“the plaintiff”) was driving his vehicle on Padstow Road, Eight Mile Plains when his vehicle […]
Why clear instruction and advice is integral to avoid workplace negligence claims
McCormack v Ethnic Community Care Links Inc [2017] QDC 102 is a Queensland District court decision involving the award of compensation following an injury occurring in the workplace. The plaintiff was successful in establishing that her injuries were caused by the negligence of the defendant organization. The incident The plaintiff, a social worker employed by […]
Consistency is key when dealing with Workplace Injury Law
The recent Supreme Court decision of Bakhit v Brisbane City Council [2017] QDC 155 highlights the issue of consistency when determining liability owed by an employer. Facts The plaintiff alleged that he sustained injuries to his lower spine whilst employed by Brisbane City Council on 13 July 2011. The plaintiff submitted that his lower back […]
What the Court considers when deciding how much compensation to award?
Sabidussi v Young & Anor [2017] QDC 146 is a recent Queensland District Court decision that examines the considerations in play when economic loss cannot be definitively identified. The incident Ms Sabidussi (“the plaintiff”), was a front seat passenger in a vehicle driven by friend Ms Raines driving north along David Low Way when the […]
Crime doesn’t pay! – What happens if you are complicit in a joint illegal enterprise?
The recent Supreme Court decision of Capitan v Wosomo & Anor [2017] QSC 86 highlights important principals relating to assessing liability in relation to dangerous recreational activities involving criminal undertakings. Facts The plaintiff and the defendant were both involved in a car crash that permanently debilitated the defendant whom was a front seat passenger […]
Injured? Want Compensation? You need to prove this crucial link…
To prove your injury was caused by negligence, a strong link between the injury and the occupiers negligence is needed. McAllister v Brisbane City Council [2017] QDC 94 is a recent Queensland District Court decision relating to compensation following an incident at the Forest Lake Parklands. The plaintiff in this case failed to prove that […]
Dealing with fraudulent tax returns when determining loss of earning capacity: AAI Limited & Anor v Marinkovic [2017] QCA 54
In the matter of AAI Limited & Anor v Marinkovic the appeal court decided that even where a claimant’s previous tax returns were fraudulent or dishonest, this does not prevent the court from determining the claimant’s loss of earning capacity using other evidence at hand, for the purposes of awarding appropriate compensation. Facts Mr Marinkovic […]