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

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