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 »
Social media posts can be used as key evidence disclosed in Court.
Facebook Posts Cause Expert Witness to Change Evidence Mid-trial Read More »
One of the first duties that an executor must fulfil is to arrange a funeral and a burial or cremation.
Being Laid to Rest: a Cautionary Tale of Warring Executors Read More »
In the matter of Giles v State of Queensland [2020] QDC 332, a firefighter sought damages for PTSD suffered when attending a particularly horrific housefire
A Case With No Winners – State of Queensland Not Liable for Firefighter’s PTSD Read More »
