Luke Borgert The District Court of Queensland has recently allowed an appeal against sentence, finding that the learned Magistrate initially imposed a sentence which was manifestly excessive. The Magistrates Court Proceedings On 9 March 2021, Mr. Aaron Leigh Edwards (Mr. Edwards) pleaded guilty to two counts in the Magistrates Court. The first, a charge of willful damage … Read more
Belmont v McDonalds Australia Limited [2020] QDC 319 In a decision from the District Court of Queensland delivered on 11 December 2020, a 46-year-old mother was denied her claim for compensation against McDonalds Australia Limited (‘McDonalds’). The decision is another reminder that every case will turn on its own facts, and to always look out … Read more
Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020 The Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020 was assented to by Queensland Parliament on 14 September 2020. This article will summarise three key changes to the Criminal Code which have arisen from this amending Act. Note … Read more
In a significant decision regarding historical child sexual abuse claims in Australia, the Supreme Court of Victoria has permitted a former altar boy to proceed with his claim for compensation against the Catholic church despite receiving a prior settlement in 1996. This Court formed this view on the basis that it was “just and reasonable” … Read more
Historical Child Sexual Abuse Lawrence v Christian Bros [2020] WADC 27 In February of this year, Chief Justice Herron of the District Court of Western Australia ordered that catholic religious organisation, Christian Brothers, pay $1,329,500.00 in damages to Mr. John Thomas Lawrence. The case concerns systemic and traumatic child sexual abuse against Mr. Lawrence which … Read more
This is a case note on when a cough during COVID-19 can lead to an unfair dismissal? See: Hooshmand v Cater Care Australia Operations Pty Ltd [2020] FWC 4371 On 27 March 2020, as the risk of a COVID-19 pandemic in Australia became heightened, Mr Hooshmand (‘the employee’) arrived to work for Catering Care Operations … Read more
The Workers’ Compensation and Rehabilitation Act 2003 (the Act) establishes a workers’ compensation scheme for Queensland – providing benefits for workers who sustain an injury in their employment. The Act outlines employers’ obligation to be covered against liability for compensation and damages either under a WorkCover insurance policy or under a licence as a self-insurer.[1] … Read more
On Sunday morning, while scrolling along my social media newsfeed, I came across one of those inspirational, uplifting (and often yes, I concede, sappy) America’s Got Talent Audition videos. This audition video centred around a 45 year old man African American man named Archie Williams who, in 1983 was incarcerated for the rape and murder of a 32-year-old woman in the State of Louisiana. … Read more
The Coronavirus pandemic has impacted employers and employees alike and many have been detrimentally affected financially. This is not only limited to owners of football clubs. There are a few things to keep in mind when making a decision to stand down employees without pay. In the following situation we refer to the players of … Read more
False and misleading statements used to enter into a landlord tenancy lease agreement can amount to compensation if proven by the tenant. The Retail Shop Leases Act 1994 (Qld ) provides “reasonable compensation for loss or damage suffered by the [tenant] because… the [tenant] entered into the lease, including a renewal or assignment of the lease, on the basis of a … Read more
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