Negotiations | Get it in Writing

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

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

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 the...

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...

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....