Recently, the ACT Supreme Court was tasked with determining whether the driver of a motor vehicle owed a duty of care to a bystander who witnesses an accident and suffers a phycological injury as a result. The damages claim was brought on behalf of a lady who had sustained a psychological injury when she saw … Read more
All road users, including drivers, cyclists and even pedestrians, owe a duty of care to their fellow road users. The standard of care that must be exercised by all road users is ‘reasonable care to avoid causing injury to other road users’.[1] However, the driver of a motor vehicle owes a duty of care that … Read more
In April 2020, the Queensland Court of Appeal handed down its decision in State of Queensland v Ringuet[1]. The facts of the case were essentially as follows: On 9 August 2012, Ms Ringuet was working as a Nurse in the Acute Young Adult Mental Health Unit at Robina Hospital. Within that unit, there was a … Read more
There have been a recent spate of workplace deaths in Queensland, particularly in the mining industry. Safe Work Australia’s statistics as published on their website outlines that: There were 166 workplace deaths occurring in Australia in the 2019 calendar year. That was an approximate 15% increase on the 144 workplace deaths that occurred in 2018. … Read more
WorkCover Queensland’s (WCQ) Annual Report 2018-2019 contains interesting reading concerning the types of injuries and areas of work causing claims within the WCQ scheme. Of the 2,541 common law claims lodged in the 2019 financial year, 27.4% of claims involved injuries to the back. The industries which created the greatest incidences of common law claims … Read more
For almost every personal injury claimant, whether it be a workplace injury, motor vehicle accident, a slip and fall or a medical negligence claim, a major source of anxiety at the commencement of the process is ensuring that they are comfortable that the lawyer they choose to represent them understands their individual circumstances, the losses … Read more
When the seriousness of the COVID-19 outbreak in Australia became apparent, I spoke to a friend who is a Commercial Insurance Broker. He indicated to me that his phone was ringing off the hook with concerned business owners interested as to what insurance coverage they had for their business and how that might apply to … Read more
