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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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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 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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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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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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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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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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