Case Summary

Material Fact or Critical Mass?

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 …

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Are Lawyers’ File Notes of Conversations with Experts Disclosable? Round Two – Appeal Decision

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 …

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Are Employers Liable for a Drunk Employee's Behaviour?

Are Employers Liable for a Drunk Employee’s Behaviour?

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?

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