Recoverable costs under s 240, Part 12 Divisions 1 and 2 of the Workers’ Compensation and Rehabilitation Act 2003 (Qld), Part 8 Division 2 of the Workers’ Compensation and Rehabilitation Regulation 2014 (Qld) and Anderson v Pickles Auctions Pty Ltd
Economic Loss for Sick Leave and Charitable Leave
Annual leave used as sick leave due to claim injuries is recoverable as economic loss because the plaintiff will be entitled to acrue and be paid out unused sick leave at the end of their employment. The same applies to
Employer’s Duty of Care
An employer’s common law duty of care to employees to protect them from injury is conveniently summarised in Morris v Evolution Traffic Control Pty Ltd & Anor [2023] QDC 195: If a breach of duty is established at common law,
The Three Areas of Law Described as “Vicarious Liability”
The decision of Edelman and Steward JJ in CCIG Investments Pty Ltd v Schockman [2023] HCA 21 explains the three areas of law described as “vicarious liability” and how they operate to make someone liable for acts or omissions they
Liability Attribution – the Majority in Schokman
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