Section 4 of the Civil Liability Act 2003 (Qld) (‘CLA’) applies it to ‘any civil claim for damages for harm.’ Section 5 excludes it from deciding liability or awards of damages for personal injury if the injury is a Queensland
Personal Injury Defective Services Claims Under the Australian Consumer Law
Section 4B of the Competition and Consumer Act 2010 (Cth) (‘CCA’) creates a presumption that a person was a consumer in relation to particular goods or services unless it is proven otherwise. Section 3 of Schedule 2 to the ACL
Certificates of Readiness for Compulsory Conference
Section 51B of the Motor Accident Insurance Act 1994 (Qld) (‘MAIA’) and s 37 of the Personal Injuries Proceedings Act 2002 (Qld) (‘PIPA’) both require a solicitor representing a party to give the other parties to the claim a certificate
Unincorporated associations and the Australian Privacy Principles
Source of Commonwealth power to make privacy laws Schedule 1 section 4 of the Privacy Act 1988 (Cth) (‘the Act’) says ‘This Schedule relies on the Commonwealth’s legislative powers under paragraph 51(xxix) of the Constitution to give effect to Australia’s
The Compensatory Principle in Personal Injury Claims
On 3 September 2025 in Stewart v Metro North Hospital and Health Service [2025] HCA 34, the High Court of Australia revisited the compensatory principle in the context of damages for personal injury. The Court unanimously confirmed that ‘The compensatory
Recoverable Costs Under the Workers’ Compensation and Rehabilitation Act 2003 (Qld)
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