Falls in the Workplace

Falls in the workplace resulting in injuries are not uncommon and compensation claims are a foreseeable consequence of these falls. Whilst it is recognised that an employer owes a duty of care to its employees, there are circumstances where courts will refrain from attributing the fall and any resulting injuries to the employer. One such … Read more

Voluminous documents do not necessarily displace a party’s right to elect a jury in a Civil trial

In Silver v Amaca Pty Ltd,[1] the defendant applied under s 65A of the Jury Act 1995 for an order that the trial proceed without a jury because it would require a prolonged examination of records. On 28 August 2020, the Supreme Court of Queensland dismissed the defendant’s application because lengthy documents are insufficient per … Read more

The Largest Award in Western Australian History

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

Repetitive Strain Injury

What is repetitive strain injury? A repetitive strain injury is a term used to describe an injury sustained over a period of time as a result of repetitive overuse. This causes inflammation and damage to soft tissues such as muscles, tendons and nerves overtime. This is most common amongst employments that require repetitive manual labour … Read more

Sorry Not Sorry! Employer Protection for Apologies and Expressions of Regret

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

Who checked the back of the truck?

Case Note: Nominal Defendant v Garside & Ors [2019] QCA 270 Early in the morning on 25 November 2014 Glenn Garside was riding his motorcycle along Gregory Highway – at approximately 100kph. He was travelling behind a bus, which was travelling behind a truck. When he felt it was safe to, Mr Garfield moved into … Read more