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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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Case: Corowa v Winner & Anor [2019] QDC 135 Background On the 14 September 2009 Brenton Winner deliberately drove his vehicle onto the footpath and over the right foot of Isaiah Corowa in order to protect his fiancée and grandmother from being physically and verbally attacked. Corowa was taken to hospital and suffered four separate […]
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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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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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 […]
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