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  • Plaintiff reliability and accuracy affected adversely by psychiatric condition

    The matter was heard in the Supreme Court of Queensland at Brisbane over seven days in April/May 2023 before Justice Sullivan.

    7 November 2024

  • 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

  • Verbal warning not enough

    Samways v WorkCover Queensland & Ors, 28 April 2010. This case study shows that a verbal warning is not sufficient action if there is a reasonable way to isolate a risk and the plaintiff can be liable for contributory negligence

    1 July 2015

  • Instructions: a direction or mere request?

    Vella’s Plant Hire Pty Ltd v Mistranch Pty Ltd & Ors, 29 March 2012. This case highlights the question that needs to be asked in matters where directions are being received from the principal contractor. That is, whether an instruction from a Principal is a mere “request” or is conduct amounting to direction and control of how the work is to be carried out.

    1 July 2015

  • Previous employment influence

    Husband v Hikari Pty Ltd, 22 October 2010. This case study shows that a Judge may award damages despite having a pre-existing injury, and future economic loss may be awarded based on income from previous short-term employment.

    1 July 2015

  • Hospital found not negligent

    Hyde v State of Queensland [2013] QDC 268 24 October 2013 The plaintiff failed to establish any negligence or breach of contractual obligation on the part of the defendant, in the case of an angina episode relating to a pre-existing condition.

    1 July 2015

  • Is an employer liable for the criminal act of a third party?

    Adlington v Dominos Pizza Enterprises Limited [2016] QDC 84, 15 April 2016. Employers need to assess the possible safety risk from third parties and take appropriate measures to protect their employees.

    15 June 2018

  • General induction not enough

    Brunker v Consolidated Meat Group, 29 August 2010. This case study is about a slicer employed at a Rockhampton meatworks that demonstrates employers must give task specific instructions and directions and must provide more than a 'general induction'.

    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

  • Modest damages for minor burn injury

    Welsh v Boutique Venues Pty Ltd [2020] QDC 18. The Plaintiff was a 21 year old pastry chef who received minor burns from removing an item from an ellevated oven.

    30 March 2020

  • Failure to establish negligence

    Schonell v Laspina, Trabucco & Co Pty Ltd [2013] QSC 90, 11 April 2013. This case looked at the principle that when considering what reasonable measures employers should adopt to avoid a foreseeable risk of injury, the test should not be considered with the benefit of hindsight, but rather looking forward to identify what response should have been made.

    1 July 2015

  • Contributory negligence by worker and exaggeration lead to reduction in damages

    Kennedy v Queensland Alumina [2015] QSC 317, 18 November 2015. The employer was found to be liable for injuries suffered by a worker, but found the worker had contributed to those injuries through his own negligence.

    6 April 2018