When DNA Evidence Goes Wrong
DNA evidence can sometimes go wrong. Read More Here.
Continue Reading
Category: Latest News
Sexual abuse matters, removal of time limitation and the need for consistent evidence: Case Study – Connellan v Murphy [2017]
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 […]
Continue Reading
Why clear instruction and advice is integral to avoid workplace negligence claims
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 […]
Continue Reading
What the Court considers when deciding how much compensation to award?
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 […]
Continue Reading
Injured? Want Compensation? You need to prove this crucial link…
To prove your injury was caused by negligence, a strong link between the injury and the occupiers negligence is needed. McAllister v Brisbane City Council [2017] QDC 94 is a recent Queensland District Court decision relating to compensation following an incident at the Forest Lake Parklands. The plaintiff in this case failed to prove that […]
Continue Reading
Dealing with fraudulent tax returns when determining loss of earning capacity: AAI Limited & Anor v Marinkovic [2017] QCA 54
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 […]
Continue Reading
How the Court Decided ‘Who was Driving?’ in a Disputed CTP Claim
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 […]
Continue Reading
I suffered a traumatic incident in the workplace and I feel as though my employer handled it the wrong way – is this relevant to a personal injury claim?
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 […]
Continue ReadingAre professional sports considered dangerous recreational activities?
An 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 ReadingNegligence claims need consistent facts
Downes v Affinity Health Pty Ltd [2016] QCA 129 is a recent Queensland Court of Appeal decision relating to compensation following a workplace injury. The applicant in this case failed to prove that it was her employer’s negligence that caused her injuries. On 25 July 2007 at around 2:30am, the applicant said that she had […]
Continue Reading