Denying Damages for Drunkedness

By | June 16th, 2016|Case Studies|

It is no mystery that drinking to excess - intoxication - results in behaviour or actions that one would not ordinarily engage in whilst sober. However, when injury arises out of such circumstances, where do we draw the line between culpability and personal accountability? Kelly v Trentham Holdings P/L & Ors [2012] QDC 141  Facts [...]

Amendment to Definition of Worker

By | June 14th, 2016|Uncategorized|

Effective 1 July 2013, the definition of “worker” under the Workers’ Compensation and Rehabilitation Act 2003 has changed. Section 11 of the Act previously defined a worker as simply “a person who works under a contract of service”.  Schedule 2 further defined who was or was not a worker in particular circumstances for the purposes [...]

Gender Focus

By | June 14th, 2016|Uncategorized|

Gender equality within the workplace has recently garnered attention with the Federal Government announcing it will launch an enquiry into the discrimination in the work force directed against women who are pregnant or returning to work after taking parental leave. The announcement comes three months after new reporting regime set out within the Workplace Gender [...]

Amendments to the Insurance Contracts Act – Benefits of Insurers and Consumers

By | June 14th, 2016|Uncategorized|

The Insurance Contracts Amendment Bill 2013 was passed by Parliament in June 2013. The Bill amends the Insurance Contracts Act 1984 ("ICA") in a number of significant ways, including: Extending the rights of third party beneficiaries; Requiring insurers to clearly inform insureds about their duty of disclosure; Making changes to the duty of disclosure when [...]

Amendments to the Insurance Contracts Act – Benefits of Insurers and Consumers

By | June 14th, 2016|Uncategorized|

The Insurance Contracts Amendment Bill 2013 was passed by Parliament in June 2013. The Bill amends the Insurance Contracts Act 1984 ("ICA") in a number of significant ways, including: Extending the rights of third party beneficiaries; Requiring insurers to clearly inform insureds about their duty of disclosure; Making changes to the duty of disclosure when [...]

Legislative Changes – Working Guide to the WCRA Amendments

By | June 14th, 2016|Uncategorized|

Effective for injuries occurring on or after 15 October 2013 (the date on which the bill was first introduced to parliament): There is a threshold of greater than 5% whole person impairment for Claimants seeking common law damages; The impairment is to be assessed by reference to AMA5, excluding Chapter 18 (Pain), under the new [...]

Announcing the launch of our Family Law Department

By | June 14th, 2016|Uncategorized|

BTLawyers is growing, and we are thrilled to announce the launch of our Family Law Department! Our Team Our Family Law Department is led by Vanessa Hernandez. Vanessa graduated from Queensland University of Technology with degrees in Law and Business and has specialised in Family Law since she was admitted to practice in 2007. Vanessa [...]