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  • Plaintiff’s failure to establish causation and onus of proof

    Claire Hammond v Cerebral Palsy of League Queensland M172/12 11 September 2013. This case highlights that even though an employer may have breached their duty of care, the onus is on the worker to prove that the breach was a material cause of the harm suffered by the worker.

    1 July 2015

  • The bouncer and the wedding guest

    Baillie v Donald Wayne Jackson & Victoria Point Sharks Sporting Club Inc [2015] QDC 20 February 2015. This case highlights that it is not sufficient for a worker to show the employer has been negligent. It is necessary to show that the negligence caused the incident in which the worker was injured.

    1 July 2015

  • Employer obligated to properly instruct and warn employees

    Munro v State of Queensland [2014] QDC 003 10 January 2014. A Registered Nurse at the Logan Hospital Psychiatric Unit stepped backwards and fell during Aggressive Behaviour Management Training.

    1 July 2015

  • A question of requirement

    Drummond v Gunne Constructions [2013] QDC 043, 22/03/2013. While there was no dispute that the injury event occurred, this trial was about whether the employer knew and required the worker to perform this task.

    1 July 2015

  • Third parties to provide insurance

    Hodge v CSR Limited, 2 February 2010. Third parties may have to provide insurance for employees when it can be shown the injury was caused by a change to the system of work that could not be detected on inspection of the premises prior to injury by the employer.

    1 July 2015

  • Conflicting versions of events

    Arnold v Tilecorp Pty Ltd [2012] QSC 321, 25 October 2012. This case was determined according to issues of credit, with His Honour preferring the employer’s evidence over that of the worker’s as to the system of work he was undertaking at the time. The matter proceeded in relation to both liability and quantum.

    1 July 2015

  • Chronic pre-existing injuries and their effect on damages

    Phillips v MCG Group Pty Ltd, 8 June 2012. A worker suffered from a debilitating pre-existing injury but managed a spasmodic but relatively unrestricted working life. When the worker suffered a further workplace injury that rendered him incapable of further employment, the question posed to the court was as to how much of his future economic loss could be attributed to the employer.

    1 July 2015

  • Evidence does not support damages claim

    Lewis v Greenmountain Food Processing Pty Ltd 6 June 2014 A Brisbane judge rules against labourer’s claims for damages for personal injuries suffered in the course of his employment at a meat processing plant due to conflicting evidence.

    1 July 2015

  • Clarity for employers on social work functions

    ALH v Simon Blackwood (the Regulator) [2014] QIRC 105 13 June 2014 The recent decision from the Queensland Industrial Relations Commission provides further clarity for employers in determining applications for compensation for injuries sustained at social work functions.

    1 July 2015

  • Employer not liable for worker failing to keep look out

    Pershouse v Sirius Observatories Australia [2013] QDC, 9 May 2013. The Court was satisfied that there was no duty upon the employer to protect the worker from a risk that would have been reasonably foreseen by the worker.

    1 July 2015

  • Judgement of breach of duty of care overturned on appeal

    Larkin v Suncorp Staff Pty Ltd [2013] QDC 028 Samios DCJ. A judgement ruling an employer breached its of duty of care was overturned on Appeal when it was noted that there was a low probability that an accident would occur and the resulting injuries would be minimal.

    1 July 2015

  • Risk of injury for manual handling

    Griffiths v State of Queensland, 1 April 2011. The injured worker was employed as a nursing assistant at the Nambour General Hospital, where she worked in the Central Sterilising Service Department (CSSD). The CSSD is a large industrial washing area, equipped with sterilising dishwashers and other equipment for medical sterilisation and cleaning.

    1 July 2015