On 2 August 2023 the High Court of Australia allowed an appeal by CCIG Investments Pty Ltd (‘the employer’) and set aside the orders of the Supreme Court of Queensland in a personal injury claim by Mr Schokman (‘the injured
How to Obtain an Injury Incident Location Inspection
Slip and falls and workplace injuries often occur in circumstances where the injured person may need to have an expert such as a mechanical engineer or ergonomist inspect the injury location to take measurements or perform tests. The expert will
Medico-Legal Examinations and Non-Attendance Fees
An injured person has missed a medico-legal appointment with the Queensland CTP insurer, respondent or workers’ compensation insurer’s expert. Can the injured person be required to pay, or agree to pay, a non-attendance fee charged by the medico-legal expert to
Expert Medical Evidence
Personal injury compensation claims in Queensland require expert medical evidence, to assist the solicitors, barristers and judges who give advice about, or decide, the claim. That evidence can be factual or opinion evidence and can be given by treating doctors
Personal Injuries Proceedings Act 2002 (Qld) – Respondent disclosure obligations
The Queensland Court of Appeal in SDA v Corporation of the Synod of the Diocese of Rockhampton [2021] QCA 172 considered a respondent’s obligation to disclose copies of documents and information verified by statutory declaration to a claimant under s
Personal Injury Damages for Unpaid Care
It is common for an injured plaintiff to receive unpaid care with personal and domestic tasks that is reasonably required because of their injuries. This care is commonly provided at no cost to the plaintiff by their family and friends.
Video Demonstration Evidence
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