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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 […]
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Case Note – Lee v Lee & Ors [2017] QSC 42 In the case of Lee v Lee & Ors [2017] QSC 42, the Court had to resolve a factual dispute regarding who was driving the vehicle at the time a motor vehicle accident occurred. The plaintiff in the matter had suffered catastrophic spinal injuries […]
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Last week the District Court of Queensland in Brisbane handed down a decision in Whitley v Aldi Stores [2017] QDC 50 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 […]
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If you have suffered a psychiatric injury as a result of a traumatic incident that happened in the workplace, what your employer did to prevent this type of incident, and what they did following the incident, will all be relevant in determining their liability for your injury. If you feel your employer handled your situation […]
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If you get hurt at work, you often make a claim through WorkCover Queensland. But what do you do if you are hurt at work and you have a pre-existiing injury? In simple terms, things to prove are that you are a ‘worker’ and that in the course of your work you sustained an injury. the pre-existing injury […]
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When dealing with workplace injuries on construction sites, we are often told by the injured “I fell off a building!” These types of accidents occur not only on construction sites, but also can occur at outside of work-related activities, . These accidents carry serious and have long-lasting impact on the injured. Falling off a building or falling from a height […]
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Smith v Randall[1] considers how the Court apportions liability in light of two drivers who were found guilty of contributory negligence. The Court explained that apportionment of liability between the two parties involves a ‘comparison of both culpability, that is the degree of departure from the standard of care required of the driver, and of the […]
Continue ReadingAn exception to liability in negligence exists where a person sustains a personal injury from an obvious risk of engaging in dangerous recreational activities. The New South Wales Supreme Court recently handed down an interesting decision in Goode v Angland[1] which considered this exception and in particular whether professional horseracing was a dangerous recreational activity. […]
Continue ReadingEmployers are reminded in Hayes v State of Queensland[1] that is appropriate circumstances they owe a duty of care to take reasonable steps to prevent psychiatric injury to an employee. As was the situation in this case, this may extend to a duty to provide support to employees during an investigation. This duty is particularly prevalent […]
Continue ReadingThis was the appeal of a personal injuries decision in which the plaintiff was awarded $191,061.91, a reduced amount on account of 50% contributory negligence as determined by the presiding Judge. The plaintiff appealed both quantum and contributory negligence but his appeal was dismissed, and he was ordered to pay costs for failing to substantiate […]
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