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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. The decision highlights that proving a connection between an employer’s negligence and an applicant’s sustained […]
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This case was an appeal against a decision of the Worker’s Compensation Regulator. Ms Glass was a mathematics and aquatic studies teacher to secondary students at Xavier Catholic College in Hervey Bay. On the 24th November 2016 she was on an end-of-year-school excursion when she injured her shoulder while swinging on a rope at the […]
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Oxenham v Protector Aluminium P/L [2016] QDC 312 is a recent decision of the District Court of Queensland that illustrates that even where a duty is owed by an employer to take reasonable care not to expose an employee to unnecessary risks of injury, a Plaintiff must actually prove factual causation that such breach of […]
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Beaven v Wagner Industrial Services Pty Ltd [2016] QDC 299 is a recent decision of the District Court of Queensland that illustrates that an employer will not be liable for the injury of a employee where adequate training failed to be provided, if it cannot be shown that an employee would have acted differently in […]
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The Brisbane District Court’s recent decision in Adlington v Domino’s Pizza Enterprises Limited discusses criminal assault in light of whether an employer had a duty of care to protect an employee from criminal behaviour of a third party and if so, whether the breach of such a duty caused the employee’s injuries. Background Mr Adlington (Plaintiff) was employed […]
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Facts of the case Ms Wendy Clayton was employed as a concrete truck driver and operator for a concreting contractor, Jetcrete Oz Pty Ltd (“Jetcrete”). During one of her shifts, the concrete truck ran out of water and the concrete became hard in consistency, meaning that it had to be manually pushed out from the […]
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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. The decision highlights that proving a connection between an employer’s negligence and an […]
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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 […]
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The recent Supreme Court decision of Bakhit v Brisbane City Council [2017] QDC 155 highlights the issue of consistency when determining liability owed by an employer. Facts The plaintiff alleged that he sustained injuries to his lower spine whilst employed by Brisbane City Council on 13 July 2011. The plaintiff submitted that his lower back […]
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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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