BYM v The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane trading as Brisbane Catholic Education [2026] QCA 6 *At the time of publication, the Queensland Court of Appeal’s decision was subject to an Application for Special Leave to Appeal to the High Court. Special leave was refused on 7 May 2025. […]
Vicarious Liability: Authority, Power, Trust, Control and Intimacy Read More »
Last week, the Supreme Court handed down its decision in Tomkins Commercial & Industrial Builders Pty Ltd v Starline Interiors Pty Ltd [2026] QSC 21, a significant case for participants in adjudication under the Building Industry Fairness (Security of Payment) Act 2017 (Qld). The key issue was whether the Court can remit an adjudication decision
An important decision from the Supreme Court of Queensland on remittal under the BIF Act Read More »
The recent Supreme Court of Queensland decision of Bakhit v Hartley Healy Pty Ltd [2025] QSC 352 acts as a reminder in personal injury law that clauses within settlement deeds are interpreted with precision. In this matter, the Court ruled that a worker’s attempt to pursue common law damages was barred by a settlement deed
Can You Sue After You Settle? Read More »
A recent decision by the Queensland Court of Appeal in Star Aged Living Limited v Lee [2024] QCA 1 shows the approach taken by the Courts when considering material facts and prejudice in an Application to extend the limitation period under Section 31(2) of the Limitation of Actions Act 1974 (Qld) (LAA). Background Ms Lee
Material Fact or Critical Mass? Read More »
In our article in July 2023, we examined the case of Enkelmann & Ors v Stewart & Anor [2023] QSC 111 in which a lawyer’s file note of a conversation with an expert witness on a legal matter was not protected by legal professional privilege and had to be disclosed. The parties who were ordered
In June 2022, the Supreme Court of Rockhampton delivered a decision in the matter of Dearden v Ryan & Anor, finding the occupiers of the property owed a duty of care to persons who were on their property, but suffered injury as a result of the criminal actions of a third party. Our review of
Should hosts be liable for the thoughtless actions of a guest – Part Two Read More »
Employers owe a duty of care to their employees to take reasonable care to avoid exposing them to unnecessary risks of injury. What happens when such risks arise outside of an employer’s usual work hours involving the consumption of alcohol?
Are Employers Liable for a Drunk Employee’s Behaviour? Read More »
Maureen Robertson (the Plaintiff) was an endorsed enrolled nurse working at the Gold Coast Hospital. She alleged she suffered a psychiatric injury over a period of time in the course of her employment, and was “badgered, bullied and mobbed” by her colleagues at work.
Upheld on Appeal: No Warning of Psychiatric Injury Means No Breach of Duty Read More »
In order to pursue a statutory claim in Queensland for a psychiatric injury a worker must prove the following.
Can a Redundancy Be Unreasonable Management Action Taken in an Unreasonable Way? Read More »
Daniel Peebles (the Plaintiff) worked as a truck driver. He injured his back during the course of his employment, and at the end of 2014, he became permanently unable to work because of the injury.camer
The Art of Discounting: Assessing Past and Future Economic Loss Read More »
