Lorem ipsum dolor sit amet, consectetur adipiscing elit. Ut elit tellus, luctus nec ullamcorper mattis, pulvinar dapibus leo. But I signed a waiver Understanding your personal injury claim rights Jack McDonald Most activities that occur on a commercial premise will usually require the signing of a waiver. Public pools, theme parks or tourist activities will nearly always provide a short waiver that they require to be signed in order to enter or partake in the activity. Likewise, certain medical procedures can require the patients to sign a waiver prior to the event. Due to this, peop ..read more

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Determining liability when both drivers make CTP claims – Harris v Manton & Anor [2020] QSC 101 Gail Blaber Head of Queensland CTP Claims | Brisbane Every so often, our Queensland CTP lawyers come across a situation where the drivers of both vehicles involved in an accident are injured, and each is alleging that the other party was at fault. This can cause complications for both parties’ claims. This issue was considered by the Brisbane Supreme Court in Harris v Manton & Anor [2020] QSC 101. Both claimants alleged that the other was 100% at fault and QBE Insurance (Australia ..read more

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Civil Procedure – Case Law Update – Treatment refusal Emily Wright Legal Practitioner | Brisbane H v AC [2024] NSWSC 40 In the matter of H v AC [2024] NSWSC 40, the plaintiff hospital, “H” (a pseudonym), filed a summons on 22 December 2023 in the New South Wales Supreme Court against three defendants, AC (the injured young girl), The Mother & The Father, seeking to invoke the parens patriae jurisdiction of the Court.   In July 2023, the life of AC aged 16 at the time (but now recently turned 17), was radically transformed. Whilst on holiday, AC experienced hip pain sympt ..read more

QLD WC: Meatworker fails to satisfy Queensland District Court that employer was negligent – Manca v Teys Australia Beenleigh Pty Ltd [2023] QDC 139 William Deicke Legal Practitioner QLD WC: Meatworker fails to satisfy Queensland District Court that employer was negligent – Manca v Teys Australia Beenleigh Pty Ltd [2023] QDC 139  The Queensland District Court has recently found against a meatworker who alleged that he had sustained injuries as a result of the negligence of his employer. Background The Plaintiff, Eduardo Manca, was employed by the Defendant, Teys Australia Beenle ..read more

Abuse Law – Institutions – Toowoomba Grammar School, QLD Emily Wright Legal Practitioner | Brisbane The Grammar Schools Act 1860 The Grammar Schools Act 1860 was passed by Queensland’s first parliament in 1860 and allowed for the establishment of a grammar school in any town where £1000 could be raised locally. Between the years 1863 and 1892, ten grammar schools were opened under the auspices of the Grammar Schools Act 1860. Toowoomba Grammar School, QLD The Toowoomba Grammar School is an independent, non-denominational, day and boarding grammar school for boys, located at 24 Marga ..read more

Civil Liability – Claiming ‘Care’ in a Personal Injury claim Emily Wright Legal Practitioner | Brisbane There are several different types of ‘care’ that may be claimed as compensation in a personal injury claim. The most recognised types of ‘care’ compensated are paid care and gratuitous care. It is important that claimant’s are aware of their entitlements to compensation for ‘care’. There are thresholds to reach when making a claim for care. These thresholds are set out in the Civil Liability Act 2003. This legislation and its restrictions apply to motor vehicle accident claims and p ..read more

Abuse Law – Institutions – Minda Juvenile Justice Centre, NSW Emily Wright Legal Practitioner | Brisbane State Government-run Institutions The New South Wales Government established reformatory schools and detention and remand centres to provide institutional care and confinement for young people deemed to be in the need of ‘correction’. The Child Welfare Department were responsible for the management of these government-run institutions. Minda Juvenile Justice Centre On 6 May 1966, the New South Wales Government established and opened Minda Juvenile Justice Centre, situated on Rook ..read more

Motor Vehicle Accidents – Factors that will affect your claim.  Emily Wright Legal Practitioner | Brisbane In Queensland, the Motor Accident Insurance Act 1994 provides a compensation system for persons who are injured in motor vehicle accidents.   Common Law Motor Vehicle Accident Claim All motor vehicle owners in Australia are required to take out a compulsory third-party (“CTP”) insurance against liability for the death or personal injury of others arising out of motor vehicle accidents.   If a person suffers a personal injury as a result of the negligent ..read more