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  • The onerous obligation on an employer to instruct and warn

    Weaver v Endeavour Foundation [2013] QSC 93, 12 April 2013. This judgment effectively imposes a standard akin to perfection on an employer and goes to the scope of an employer’s duty of care generally. The employer was found liable for doing its very best to train staff to minimise foreseeable risks of injury in the workplace.

    1 July 2015

  • Credibility of the worker was important in determining the extent of the injury

    Richard Craig Adam v Skilled Group Limited and Anor [2013] QSC 7, 8 February 2013. While credibility issues on their own are not always compelling, the combination of them can cause considerable concern.

    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

  • Industry standard equipment not enough to satisfy duty of care

    Thompson v Cranetrans Pty Ltd [2013] QSC 250 23 September 2013. Where equipment is provided which accords with industry standard, that does not necessarily mean that the employer’s conduct has met a standard of reasonable care.

    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

  • Injury of an employee due to an unsafe system of work

    Anderson v AWWW Pty Ltd [2013] QDC155 12 July 2013. The Court expects employers to implement and enforce a safe system of work to ensure that workers are not injured while at work.

    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

  • Contributory negligence found against Plaintiff for left shoulder injury

    Contributory negligence was found against the Plaintiff for the injuries she suffered when her left arm became caught between the mattress and the end of the bed.

    14 March 2023

  • Fatigue Management plans a must for shift workers

    Kerle v BM Alliance Coal Operations and ors [2016] QSC 304, 16 December 2016. In this case, the employer (a labour hire company), the mine owner and the host employer were all found liable for the Plaintiff's injuries, including a brain injury, sustained in a motor vehicle accident.

    6 April 2018

  • Banana labourer’s damage reduced for contributory negligence, pre-existing conditions and sporadic work history

    Mr Longbottom was a labourer who was 35 years old at trial. He alleged he sustained right hip, right shoulder and secondary psychological injuries when the top of the banana tree (and the bunch of bananas) being harvested fell on the plaintiff.

    12 October 2021

  • Damages awarded despite lie about pre-existing symptoms

    Luck v Civil Mining and Construction Pty Ltd, 16 December 2009. This case study discusses how a Court may find that a worker who has lied about their pre-existing symptoms, sustained serious injuries from previous non-work related events, or has credit issues, can still award damages.

    1 July 2015

  • Plaintiff awarded damages after Q-fever diagnosis

    A 57 year old supervisor/carpenter working on a school farm was diagnosed with Q-Fever in January 2012, that has since developed into Q-Fever Debility Syndrome. The worker, who has been unable to return to work, claimed damages from his employer and from the State of Queensland as the controller of the school/school farm.

    3 June 2019