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On 17 February 2013 at about 7:00pm, the late Byron Williams was speeding and intoxicated with amphetamines and cannabis when his car smashed into a tree. Former senior constable David Paul Caffrey, who worked as a full time member of the Queensland Police Service, attended the wreckage and attempted to keep the driver alive with […]
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George v Morgan & Anor [2016] QDC 52 is a recent District Court of Queensland case that highlights the precarious nature of personal injury claims in slow moving vehicle accidents, particularly where medical evidence is lacking. The plaintiff was wholly unsuccessful in her claim. The case illustrates the need for potential plaintiffs to seek sound legal […]
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Prasad v Ingham’s Enterprises Pty Ltd [2016] QCA 147 is a recent 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 […]
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In the matter of Martin v Andrews & Anor, a moderate back injury resulted in the significant award of $1,272,572.10 compensation to the Claimant – one of the largest awards for an injury of this type. Background This was a quantum only motor vehicle case where the Claimant, Joshua Alfred Martin, was 39 years old […]
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The recent District Court of Queensland decision of Greenway v The Corporation of the Synod of the Diocese of Brisbane [2016] QDC 195 demonstrates the need for employers to provide adequate support to employees who have been exposed to traumatic incidents. This includes, where necessary, updating policies and procedures to prevent psychological harm. Ms Greenway […]
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Myth: Accident Compensation schemes are wrought with frauds and malingerer. This statement is unsurprisingly false. Statistics provided by the Motor Accident Insurance Commission show that in 2011 – 2012 there were more than 3.6 million registered vehicles in Queensland. In that same year, 6,900 claims were made for CTP compensation, not at all a culture. More importantly, according […]
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If someone slips on wet steps on your property and suffers severe injuries, are you as a residential occupier liable for negligence? According to the Queensland Court of Appeal’s recent decision in Silwood v Chandler[1] you could be. The Facts Kayleen Chandler and Clive Silwood were previously in a relationship and at the time were […]
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In October 2018, a former student of a prominent Brisbane school brought a case for $800,000 against the school following abuse by a convicted offender during school counselling sessions in the late 1980s. The claim stem from psychiatric injuries as well as loss of earning ability. In their submissions, the applicant’s lawyers argued the student […]
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The Tasmanian Government has become the first jurisdiction in Australia to propose a change to PTSD compensation for public sector workers. Effectively, should the laws be passed, it will mean public sector workers claiming compensation for PTSD will not need to prove they developed PTSD from their work. This onus of proof would be reversed […]
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