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To disclose or not to disclose: Commissioner clamps down on fishing expedition in proceedings.

Case Summary – Kirby v Workers’ Compensation Regulator [2021] QIRC 225 If a dispute between two or more parties escalates into litigation in a Court, Tribunal or Commission Hearing, often the parties are under obligations to disclose to the other side all documents and information that is relevant to the either the matter or an … Read more

PERSONAL INJURY CASE STUDY: Allen v O’Donnell

The case of Allen v O’Donnell & Anor [2021] QSC 63 involved a Plaintiff who received approximately $2.5 million damages following a significant vehicle collision in 2015. While he had extensive physical injuries, the court determined that it was the psychological and psychiatric injuries that were the dominant injuries.   Although the client had some psychological … Read more

Can I recover my legal cost for defending my request for rehabilitation services?

Case Note: McIntyre & Anor v AAI Limited (No 2) [2021] QSC 286  Costs orders in applications for rehabilitation services orders can be made where court orders have been made allowing rehabilitation services (as needed) by an applicant.  The test is whether such rehabilitation services are reasonable in the circumstance of the injury. This occurred … Read more

Case Note: National Injury Insurance Agency, Queensland v Harrison [2021] QSC 253

In this matter, the Queensland National Injury Insurance Agency applied to the Court for an Order approving a preservation notice served on them by the Respondent.   This case considers the circumstances in granting a sanction on a preservation notice.   It also considers the Court’s guiding principles of fairness and justice in personal injury cases.  FACTS  … Read more

Legal capacity & the need to protect vulnerable clients 

Clients approach lawyers for a variety of advice that canvass issues across a spectrum of sensitive and important matters. We often say that people see lawyers when they are in need of assistance. Often this assistance may be heightened by an event or tragedy, which affects clients capacity and leave them vulnerable.  In dealing with vulnerable clients, legal practitioners … Read more

Drivers Owe a Duty of Care to Rescuers

AAI Limited v Caffrey [2019] QCA 293 Do Drivers Owe a Duty of Care to Rescuers? The Queensland Court of Appeal has recently confirmed that drivers owe a duty of care not only to passengers and other drivers, but also to police officers or any other rescuers who attend an accident scene. Background On 17 February … Read more

Falling in a Maccas Carpark

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