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  • Plaintiff unsuccessful in proving liability in prison assault

    Eastment v State of Queensland [2018] QCA 253 – Court of Appeal Brisbane The plaintiff, a former correctional officer, was assaulted by a prisoner on 8 March 2009. The plaintiff developed a significant psychiatric injury as a result of the event. Quantum was agreed and the matter proceeded as a liability only trial.

    9 October 2018

  • Employer found to be directly and vicariously liable for District Chief Executive's bullying

    Robinson v Cape York Hospital and Health Service [2017] QSC 165, 8 August 2017. The employer was both directly and also vicariously liable for their staff's behaviour which included managerial mistreatment, humiliation, undermining and isolation.

    15 June 2018

  • Injured TV show contestant found to be a ‘worker’

    The New South Wales Workers’ Compensation Commission found that an injured reality TV show contestant was a ‘worker’ for the purposes of workers’ compensation.

    2 December 2019

  • Credibility suffers from highly inflated claim

    Test v Forgacs Engineering Pty Ltd [2012] QDC 318, 24 October 2012. This case was decided on credibility, where the evidence of the defendant’s witnesses was preferred to that of the Plaintiff.

    1 July 2015

  • Employer not liable to Fire Fighter for exposure to traumatic scene

    The plaintiff was a Fire Fighter who was on shift on 24 August 2011, when a tragic house fire occurred.

    11 February 2021

  • Injury due to an unsafe system of work

    Constance v Bush Services Pty Ltd [2013] 24 June 2013. The Court expects employers to take all reasonable precautions to implement and maintain a safe system of work to ensure that workers are not injured while at work.

    1 July 2015

  • Plaintiff is unsuccessful in proving management action was inappropriate

    Pere v Central Queensland Hospital and Health Service [2017] QDC 002, 27 January 2017. In this case, the Plaintiff was unable to prove there was an assault or that there was any breach of duty by the employer causing compensable loss.

    15 June 2018

  • Considering genuine occupational requirements

    Chivers v State of Queensland (Queensland Health) [2014]QCA 141 13 June 2014 The Queensland Court of Appeal recently handed down a decision which helps to clarify employers’ responsibilities in considering whether a particular requirement of a position is a genuine occupational requirement, or, whether adjustments should be made to meet the needs of an employee with an impairment or disability.

    1 July 2015

  • Liability admitted but future economic loss disputed

    Haden v Smith's Snackfood Company Ltd [2013] QMC 1 11 February 2013. The plaintiff won in the Magistrates Court, but the decision was successfully appealed due to an incorrect calculation of damages.

    1 July 2015

  • Damages awarded for physical and psychological injury

    Harris v State of Queensland [2014] QDC 35 28 February 2014. Liability was admitted by the employer, but a psychiatric injury, which arose after the physical workplace injury, led to the trial to judge the amount of damages.

    1 July 2015

  • Evidence and symptoms must support damages claim

    Bawden v Proserprine Cooperative Sugar Milling Association Ltd 9 April 2015 [QDC 205]. This case highlights that in the case of a psychiatric injury, that evidence and symptoms must support the damages claim.

    1 July 2015

  • Credibility of witness statements

    Tep v ATS Australasian Technical Services Pty Ltd [2012] QSC, 7 September 2012. This case was decided on credibility where his honour preferred the evidence of the defendant’s witnesses to that of the workers as to how the event occurred.

    1 July 2015