Employee Successfully Sues Employer for Sexual Assault by On-call Caretaker

By |2019-03-13T10:36:06+10:00February 13th, 2019|Case Studies, Other|

In the recent decision of Oaks Hotels & Resorts Ltd v Knauer & Ors¹, the Queensland Court of Appeal found an employer vicariously liable for its employee sexually assaulting another worker. Background Ms Knauer was employed as a guest services agent by a wholly owned subsidiary of Oaks Hotels & [...]

5 Fails When You Buy

By |2019-01-10T11:07:54+10:00January 10th, 2019|Case Studies, Conveyancing, News|

When buying a property, many people believe the hard work is done once you’ve signed the contract to purchase.  Unfortunately, there are still many hurdles to negotiate before you are handed the keys to your new property. You may already have your conveyancing to-do list, however here are five common [...]

Supreme Court orders lawyers to pay costs

By |2019-02-28T18:06:45+10:00September 11th, 2018|BTLawyers, Case Studies, Commercial, Litigation|

Justice Davis has ordered that an unsuccessful applicants’ lawyers pay the legal costs of the other parties instead of their clients. In the recent Supreme Court judgement of PJM & Ors v AML & Anor [2018] QSC 204, Justice Davis was highly critical of the lawyers’ conduct [...]

South Australian Court of Appeal sets new high water mark for exemplary/punitive damages in asbestos cases.

By |2019-02-19T18:09:15+10:00February 13th, 2018|Black Lung and Dust Diseases, Case Studies, News, Workers Compensation & Insurance|

By Tristan Higham Amaca v Latz [2017] SASCFC 145 Background The plaintiff was diagnosed with terminal mesothelioma in October 2016. He alleged he contracted the disease as a result of his exposure to products manufactured by James Hardie and Coy Pty Ltd (“James Hardie”), between 1976 and 1977 when he [...]

Case Notes: McGrory v Medina Property Inc Services Pty Limited

By |2019-01-23T15:56:59+10:00December 12th, 2016|BTLawyers, Case Studies, News|

By Clint Kanther, Senior Associate McGrory v Medina Property Inc Services involved a hospitality worker lifting an ice bin.  Both liability and quantum were disputed, with the plaintiff seeking damages in excess of $285,000 for injuries that she allegedly sustained to her shoulders. Employer’s responsibility for mitigating risk Despite inconsistencies [...]

Criminal conduct of employees and vicarious liability

By |2019-02-19T18:09:19+10:00October 10th, 2016|Case Studies, News, Other|

What Prince Alfred College Incorporated v ADC tells employers about vicarious liability. The High Court's recent view on vicarious liability of employers for the criminal conduct of employees will be of interest to employers in the education sector, boarding schools and similar institutions. The case involved a Plaintiff who was sexually [...]

Denying Damages for Drunkedness

By |2019-02-19T18:09:20+10:00June 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 & [...]