Alan Jones, 2GB and 4GB ordered to pay $3.7m damages in defamation case

By | September 17th, 2018|Commercial, Defamation, Litigation, News|

The Supreme Court of Queensland has ordered the well-known radio host Alan Jones to pay damages to the Wagner Family for a number of defamatory remarks he broadcasted in relation to the Grantham Floods that occurred in January 2011. Justice Flanagan was scathing of Jones, noting that he had continued to repeat a number of [...]

Supreme Court orders lawyers to pay costs

By | September 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 of the application. As part of the Second [...]

Does your business provide labour hire or use labour hire?

By | January 24th, 2018|HR/IR, Litigation, News, Workers Compensation & Insurance|

By Samantha Abbott The Labour Hire Licensing Act 2017 (“the Act”) commences on 16 April 2018. The Act responds to the Report of the Queensland Finance and Administration Parliamentary Committee Inquiry, released on 30 June 2016, which contained evidence of exploitation of labour hire workers including mistreatment of workers, not providing appropriate safety and training, avoiding responsibilities [...]

Top 5 Tips for Managing a Litigant Employee

By | January 23rd, 2018|HR/IR, Litigation, News, Uncategorized, Workers Compensation & Insurance|

By Brooke Wilton It can be satisfying to know that you have helped an injured worker through their rehabilitation and assisted them to return to work within your business; but navigating the ongoing employer/employee relationship can become more difficult when an employee decides to bring a common law claim. Here are out top 5 tips [...]

Robinson v Lorna Jane Pty Ltd [2017] QDC 266

By | November 8th, 2017|HR/IR, Litigation, News, Workers Compensation & Insurance|

By Kerrie Jackson This bullying and harassment case was heard before Judge Koppenol over 12 days between February and June 2017.  The much anticipated judgment was handed down on 3 November 2017.  The Plaintiff was a store manager at a Lorna Jane store.  She claimed she was bullied and harassed by an area manager which [...]

Could a food allergy be fatal to your customers and business?

By | October 19th, 2017|HR/IR, Litigation, News|

By Carlen Lowe One in 20 children and about 2 in 100 adults suffer from food allergies.  Most allergies are not severe and many cease to be an issue with age.  Allergies to peanut, tree nut, seed and seafood however can cause a severe life-threatening reaction known as anaphylaxis. Your business may become liable for [...]

WorkCover agrees that an injury is not work-related but the claimant seeks review to the Workers’ Compensation Regulator – what now?

By | July 11th, 2017|Litigation, News, Workers Compensation & Insurance|

By Ryan Kennedy Employers often seek our advice about reviews to the Workers’ Compensation Regulator. Often WorkCover will agree with the employer that an injury is not work-related, however the claimant will seek review.  When this happens, the Regulator must decide whether to confirm WorkCover’s decision to reject the claim as being non-work related, or [...]

Trial and Error: Preparing your documents for trial

By | June 12th, 2017|Litigation, News, Workers Compensation & Insurance|

By George Williams “It is a truism, often used in accident cases, that with every day that passes the memory becomes fainter and the imagination becomes more active. For that reason, a witness, however honest, rarely persuades a Judge that his present recollection is preferable to that which was taken down in writing immediately after [...]

Disentangling Factual Causation in Personal Injury Cases

By | June 8th, 2017|Litigation, News, Safety, Workers Compensation & Insurance|

By Georgina Wong Sections 305D(1)(a) and 305D(2) of the Workers’ Compensation and Rehabilitation Act 2003 (Qld) Recent Case of Psychiatric Injury from Workplace Assault The Court of Appeal recently upheld an appeal lodged by an employer in The Corporation of the Synod of the Diocese of Brisbane v Greenway [2017] QCA 103 in relation to [...]

A new chapter in the Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Act

By | June 7th, 2017|Litigation, News, Safety, Workers Compensation & Insurance|

By Tristan Higham Much has been lauded about the Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Act 2016 (“the Amendment Act”)[1] and in particular the insertion of section 236B, which in short summary was inserted to reverse the effects of the judgement of Byrne v People Resourcing (Qld) Pty Ltd & Anor [2014] [...]