The District Court at Townsville has dismissed a personal injury compensation claim brought by Mr Smart, a worker who injured his knee on the job. Injury Incident Mr Smart worked at the Cannington Mine and was required to repetitively load
CTP Insurer Funded Rehabilitation
On 8 October 2021, in McIntyre & Anor v AAI Limited [2021] QSC 251 Justice Davis ordered Suncorp Insurance to pay for almost all the rehabilitation expenses requested by motor accident victim Mark McIntyre. Suncorp was also ordered to pay
Entitlement to claim for pure psychiatric injury
Foreseeability of harm and normal fortitude In Tame v New South Wales; Annetts v Australian Stations Pty Limited [2002] HCA 35, the High Court of Australia held that a plaintiff claiming for pure psychiatric injury does not need to prove
Capacity for what? How to assess a client’s capacity
In Adamson v Enever & Anor [2021] QSC 221 , Mrs Adamson was run down by a vehicle that failed to give way on 13 October 2015, when she was 63 years old. On 31 August 2021 when the Supreme
When does a party to litigation waive privilege over legal advice?
Plaintiff lawyers of any significant experience will all have received at some point a letter from their opponents solicitor, “without prejudice save as to cost,” explaining why the plaintiff’s case is apparently hopeless and should be discontinued. The level of
Personal injury damages for loss of superannuation benefits
Are personal injury damages for loss of superannuation benefits capped at the Commonwealth minimum statutory employer contributions? The short answer is no. Read on for the full explanation. The Civil Liability Act 2003 (Qld) (‘CLA’) was enacted after the Ipp
How to find the best lawyer
Some clients will choose a kind and compassionate lawyer who listens and shows they care. Others will look for a tough and competitive type who they trust to fight hard for their case. How to know if a lawyer is good or not can be difficult, especially if you have never had to use a lawyer before.