Ask a compensation question and receive a response on our blog for free
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 […]
Continue Reading
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 […]
Continue Reading
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
Thuong v Liu & Anor [2017] QDC 196 is a recent Queensland District court decision where liability had been established and the calculation of damages for past economic loss and future earning capacity was in dispute. The incident Mr Thuong (“the plaintiff”) was driving his vehicle on Padstow Road, Eight Mile Plains when his vehicle […]
Continue Reading
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
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 […]
Continue Reading
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
The recent Supreme Court decision of Capitan v Wosomo & Anor [2017] QSC 86 highlights important principals relating to assessing liability in relation to dangerous recreational activities involving criminal undertakings. Facts The plaintiff and the defendant were both involved in a car crash that permanently debilitated the defendant whom was a front seat passenger […]
Continue Reading
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