Bail and its Conditions

El Sayed, Bassem 2017 VSC 563 OVERVIEW Bail as a concept in law, means an accused is granted release from custody from officers of the law (the police) and into the custody of a person that is normally known to the accused. The accused make an undertaking that he/she...

Duty to Prevent Assault at Work

Brisbane Youth Service Inc v Beven [2017] QCA 211 (16/8547) OVERVIEW Any organisation has a duty to prevent its employees, customers, consumers and volunteers from suffering damage (ie. personal injury, property damage or financial loss). If the organisation breaches...

Broker’s Proactive and Reactive Duties

Kotku Bread Pty Ltd v Vero Insurance Ltd and Anor [2012] QSC 109 OVERVIEW Risk Management is defined where any organization has an obligation to identify and assess foreseeable hazards, and take steps to eliminate or control the risk. It is the process of identifying...

See a Solicitor First

SABIDUSSI V YOUNG & ANOR [2017] QDC 146 OVERVIEW A person who injured in a motor vehicle accident can make a claim for compensation depending on the circumstances of the accident. If you’re involved in a car accident, there may be some legal obligations to attend...

Negotiations | Get it in Writing

Negotiations Note taking, written confirmation of offers and settlement The dangers in failing to reduce offers to writing and an agreement to writing were exposed in the recent decision of Gailey Projects Pty Ltd v McCartney & Anor [2017] QSC 185. Briefly, the...

Injured at work whilst lifting and twisting

Berhane v Woolworths Ltd [2017] QCA 166 FACTS Mr Berhane was employed as an order selector in a warehouse operated by Woolworths. He was required to lift and stack cartons of various weights and sizes, up to shoulder height and beyond. While lifting and transferring...

NDIS and NIIS | A Quick Guide

What do the letters mean? NDIS – stands for “National Disability Insurance Scheme”.  It is a Federal scheme. NIIS – stands for “National Injury Insurance Scheme”.  It is a State based scheme based on nationally agreed terms.   NDIS – what does it do? Here is what...

No warm up, No inclinometer, No worries

Thuong v Liu & Anor [2017] QDC 196 Two medical experts for the injured person found impairment, ongoing pain and impact on ability to work. The medical expert for the insurer found no impairment, little to explain ongoing pain and no impact on the injured person’s...

Insurer Says: Get Your Medical Report First

A key battleground in the progress of a personal injury claim is for both sides to get their medical expert reports arranged.  As the picture heading cheekily hints, sadly, there is not much love in this battleground, as so much of the claim depends on the opinions of...

Host Employer | An Employer Duty of Care?

Love v North Goonyella Coal Mines Pty Ltd [2017] QSC140 FACTS Mr. Love (the Plaintiff) was an employee for Wilson Mining Services who had hired their labour out to North Goonyella Coal Mines (the Defendant). Wilson Mining were not the only contractors at the site....

The Types of Appeal

  One of the more convoluted aspects of legal proceedings concerns the hierarchy of appeals that can exist from different bodies, and on different grounds. The reason for, and type of appeal has a significant bearing on the ultimate outcome of a case. In 1984, Justice...

Winding up a Solvent Company

ALLWAYS RESOURCES HOLDINGS PTY LTD v SAMGRIS [2017] QSC 74 FACTS Samgris was registered in 2010 by Dr Wanfu Huang, who was its sole director. Its purpose was to conduct coal exploration in Queensland. It had an association with two entities owned by the People’s...

Time Extension Application | Compensation Claim

OLDFIELD V MARIO VERROCCHI & EAST YARRA FRIENDLY SOCIETY PTY LTD t/a CHEMIST WAREHOUSE [2017] QSC 84 FACTS The applicant sought an extension of time in which to take action against her former employer, Chemist Warehouse. She alleged that she developed Adjustment...

Injured Whilst on Illegal Enterprise

CAPTAIN V WOSOMO & ANOR [2017] QSC 86 FACTS The Plaintiff and several friends decided to steal a car in the early hours of 8 February 2013. The Plaintiff Captain was 14 years old at the time, the Defendant was 16. Whilst joyriding in the vehicle, it crashed into a...

Where Domiciled for Succession Purposes?

Re The Public Trustee Of Queensland (as Administrator of the Estate of KH, deceased) [2017] QSC 48 KH was 63 when he died in Kochi City, Japan in 2010. His immediate family had all died in, or before 2010. His closest living relative was a maternal cousin living in...

No Loss of Future Earning Capacity

Farnham V Pruden [2016] QCA 18 FACTS Farnham sustained injuries when the first respondent’s care collided with her own. She was awarded $47,389.75 plus costs. She instructed her solicitors to pursue an appeal. They mistakenly filed a notice of appeal rather than an...

Judgment is Final (Or is it?)

LPD HOLDINGS (AUST) PTY LTD v RUSSELS (A FIRM) [2017] QSC 45 FACTS LPD Holdings made an application for assessment of legal costs invoiced for the May 2010- May 2014 period. Russells had obtained a default judgment (the default judgment) in respect of unpaid legal...

Trespass to Neighbour | Boat Moorings

Emprja Pty Ltd v Red Engine Group Pty Ltd [2017] QSC 33 FACTS The Applicant leased a marina at Airlie Beach from the State of Queensland. Some of the berths at the Marina were available for sublease. The respondent leased one of the berths (029). Under the terms of...

Swift Water Runoff | Nuisance to Neighbour

Michael Vincent Baker Superannuation Fund Pty Ltd v Aurizon Operations Ltd [2017] QSC 26 FACTS The Plaintiff owned land which it claims was subject to the continued discharge of water by the Defendants. In 1885 a railway line was built by the Commissioner for Railways...

Development Application | Outdoor Adventures

Tambourine Mountain Progress Association Inc v Scenic Rim Regional Council [2017] QPEC 19 FACTS The Scenic Rim Regional Council (the respondent) approved an application for material changes to a development at 98-196 Guanaba Road, Tambourine Mountain. The development...

Heritage Listing

The Corporation of the Sisters of Mercy of the Diocese of Townsville v Queensland Heritage Council (No 2) [2017] QPEC 14 FACTS In the 1880s, the St Patrick’s Convent was erected on what is now The Strand, in Townsville. It is now part of the St Patrick’s School site....

Extending Limitation Date

Andersen v Gofish Pty Ltd [2017] QSC 30 FACTS The Plaintiff lost his right arm and leg when a concrete bridge parapet fell on him at a construction site. He had been stowing chains used to secure the concrete structures to his transport truck, when a crew started...

Valuing a Collection

Kloprogge v Queensland University of Technology [2017] QDC 43 FACTS The Plaintiff had been a collector of minerals and rocks since his childhood in the Netherlands. Over the years, he had amassed an enormous collection, including certain special collections of Topaz,...

Compliance with PIPA Procedure

Baioumy v Wendt [2017] QDC 55 FACTS Mr Baioumy was an Egyptian national. In 2008-9 he had a child with an Australian woman. They latter separated and he returned to Egypt. In 2013, his estranged wife and daughter travelled to Egypt. He refused to allow his daughter to...

Handling Personal Information

RM v Queensland Police Service [2017] QCAT 71 FACTS RM was a police officer with the Queensland Police Service (QPS). After his [Police] partner was killed on duty, RM suffered a deterioration in his mental and emotional well-being. He asked for non-operational...

Self-Incrimination Protection | Coronial Inquest

Wright v The State Coroner [2016] QSC 305 FACTS In November of 1982, Anthony John Jones disappeared whilst travelling from Townsville to Mt Isa. His remains were never found. More than 30 years later a further coronial inquest commenced. Among those called to give...