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 […]
Clayton v Jetcrete Oz Pty Ltd [2017] QDC 3
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 […]
Accident Compensation Myths Busted
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 […]
Workplace Injury Compensation
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 […]
Compensation from slipping on wet steps
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 […]
Prominent Brisbane school faces child sex abuse claim as survivor seeks $800,000 in damages
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 […]
Tasmanian Government Proposes A Change to PTSD Compensation Laws
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 […]
What is a proper assessment of injury? Compensation case note Foster v Carter [2017] QSC 135
BACKGROUND Ms Karen Foster was a bus driver who suffered significant injuries when the defendant lost control of his car and a drove into her bus while she was on shift. Her injuries were typical of “whiplash” – neck and back pain that restricted her range of movement and impacted her daily life, as well […]
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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 […]