Making a Will | Legal Capacity

Farrell v Boston [2016] QSC 278 FACTS Erris Farrell died in October of 2015. She had made at least two wills in her life; one in 1984, and another in 2007. There was a third purported will, dated 2013. Following her death, Warren Boston – the executor of her estate...

Defendant Medico-Legal Examinations | How Many?

Behrens v Nguyen & Anor [2017] QSC 14 FACTS Mr Behrens was a German national, currently resident in Germany. In May of 2012, whilst in Australia, he sustained severe injuries due to a motor-vehicle accident. As a result of the accident he suffered a fractured C5...

Work Injury | Not “Far Fetched or Fanciful”

Thomas v Trades & Labour Hire Pty Ltd [2016] QCA 332 FACTS The appellant sought to appeal a decision dismissing his claim for personal injury brought against his employer and the Gold Coast City Council, involving a workplace accident where the tailgate of the...

Another Woolies Worker Injured

Perkins v Woolworths Pty Ltd [2017] QDC 1 FACTS The plaintiff has endured a lumbar disc protrusion which he attributes to awkward loading dock work during his employment with the defendant. The defendant (Woolworths) employed the plaintiff (Perkins) as a grocery/back...

Concrete Truck Operator | Workplace Injury

Clayton v Jetcrete Oz Pty Ltd [2017] QDC 3 FACTS The plaintiff (Clayton) claims she suffered back injury by overexerting herself whilst pushing concrete down the chute of a concrete agitator truck. She was employed by the defendant (Jetcrete), as a concrete agitator...

View | Obscured by Trees

Storer v Kinnaird [2017] NSWLEC 1012 FACTS The applicant purchased a property in Bonny Hills, near Port Macquarie, in 2005. He submits that at time of purchase, the house had ‘uninterrupted’ views from living areas of the dwelling of Lighthouse Beach. He contested...

Building Subsidence | Civil Liability

Geoffrey and Christine Hanson v Tamworth Regional Council [2012] NSWDC 26 FACTS The plaintiffs purchased a property, 38 Yarmouth Parade, Tamworth, in August 1976. In 1979, Mr Hanson observed features indicating settlement in the foundations of the western wall of the...

Asbestosis | Limitation of Claim

Zabic v Alcan Gove Pty Ltd [2015] NTCA 2 FACTS The appellant (Zabic) was 74 years old and dying of malignant mesothelioma. Zabic claimed damages against his former employer (the respondent). The trial judge concluded that the mesothelioma was caused by the negligence...

Medical Practitioner | Negligence not Proven

Zora v St Vincent’s Hospital Sydney Limited [2016] NSWDC 365 FACTS The plaintiff (Zora) brought proceedings against the defendant (the Hospital) for injuries suffered to his heart and lungs following an invasive coronary angiogram in October 2015. The plaintiff...

Injured, Driving Whilst Intoxicated

Wills v Bell & Ors [2002] QCA 419 FACTS The respondent was injured when his vehicle, driven by the defendant, crashed into the Gap Creek Bridge in Central Queensland. The defendant had a blood alcohol concentration of approximately 0.27% at the time. The...

Call 000 | Ambulance Stretcher Collapse

Roane-Spray v State of Queensland [2016] QDC 348 FACTS On 25 January 2012 the plaintiff resided on Lamb Island in Moreton Bay. On this morning, she developed a stabbing pain in her head which continued throughout the day. An ambulance was called for her by her husband...

Look Before You Leap | Pool Diving Major Injuries

Lennon v Gympie Motel [2016] QSC 315 FACTS The plaintiff was approximately 12 years and 9 months of age at the time of the incident. She was 173cm tall and weighed approximately 80 kilograms. The plaintiff, along with her family, was travelling to Bundaberg from...

Trip and Fall | A Screw Loose

Kalos v Goodyear & Dunlop Tyres (Aust) Pty Ltd & Anor [2016] VSC 715   Facts On 27 July 2010, the plaintiff (Kalos) was walking along a corridor in an office at 464 St Kilda Road, Melbourne (‘the premises’) when she fell and injured her right shoulder. The...

Pets and Body Corporate By-Laws

Body Corporate For Beaches Surfers Paradise v Backshall [2016] QCATA 177 Facts Beaches Surfers Paradise (Beaches) performs its statutory body functions and enforces by-law through an executive committee. These laws require occupiers to obtain body corporate’s written...

“Penalty” Interest Rates on Loan

Wu v Ling [2016] NSWCA 322 Facts The appellant (Wu) arrived in Australia from China in 1988. The two had an affair which concluded no later than 1991. In this year, Wu advised the respondent (Ling) that she wished to purchase a home but needed money for the deposit....

Wheelchair Ramp | Obvious Risk

Sinclair v Sunshine Coast Independent Living Service Inc [2016] QSC 63 Facts The plaintiff (Sinclair) worked for the defendant (SCILS) between 2008 and 2013 as a disability support worker. In December 2010, she suffered a back injury (disc prolapse) falling from a...

Trip and Fall in Car Park

Monica Bartusz v The Trustee for the North Hill Hamburger Trust [2016] NSWDC 320 Facts The plaintiff (Bartusz) was a passenger in the seat of a car that entered a carpark owned by the defendant (NHHT) at Prestons in New South Wales. Whilst walking from the car to the...

Locked out of Work Truck

Beaven v Wagner Industrial Services Pty Ltd [2016] QDC 299 Facts The plaintiff (Beaven) was employed by the defendant, (Wagner) in the trade of concrete supply and selling. The plaintiff was employed as a concrete agitator and truck driver. The defendant met the...

Witnessing Land Title Forms

The Queensland Registrar of Land Titles has recently delivered an Alert in respect of qualified persons (especially JP’s and CDec’s) witnessing Land Title forms: Documentary proof of identification is required.  A copy of the Alert 120 follows. Note also...

International Wills

A will can be one of the most complex and difficult documents to write, especially where assets or beneficiaries are located across several jurisdictions. To simplify succession law in Australia, the Australian Government acceded to the Convention Providing a Uniform...

10 Largest Insurance Catastrophes (Australia)

The Insurance Council of Australia has published a Brisbane hailstorm update[i]: insured losses have now passed $300 million. As at 2 December 2014, 59,970 claims have been lodged by property and motor vehicle owners affected by the hailstorm – 15,020 for house and...

Reasonable Precautions before Insurance Claim

Brescia Furniture Pty Ltd v QBE Insurance (Australia) Ltd [2007] NSWSC 598 Highlights: The collective states of minds of the officers of the company are treated as being the state of mind of the company. For the insured to be entitled to the restatement value of the...

Family Farm – Beware the Ex-Wife

Nolan v Nolan & Ors [2014] QSC 218 Highlights: An ex-wife gains substantial interest in family assets outside of the Family Law Court Facts: Donna Nolan (‘the Plaintiff’) and Tony Nolan (‘the First Defendant’) were married for 18 years. During this time, they...