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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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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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