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As in other practice areas of law, personal injury claims are challenging, and sound legal advice is recommended before taking the first steps to the courthouse. In October 2014, the Supreme Court of Queensland delivered a judgment regarding compensation for boating personal injury in the case of Du Pradal & Anor v Petchell [2014] QSC 261 awarding […]
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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 by the Industrial Relations Commission 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 for a reasonable […]
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Personal injuries lawyers can learn a lesson or two from this 2016 case. Davis v Terrivic Pty Limited addresses whether an employee can still be injured in the course of employment, regardless of the fact that the employee has submitted a resignation. FACTS On the 7th of May 2015 the Applicant (Plaintiff), Ms Davis, suffered serious […]
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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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