Foreseeability concerns whether a risk of harm could reasonably have been anticipated. It is an important part of assessing breach of duty in negligence matters.
Legal articles and resources
YCL legal resources
Legal articles and resources
General information about legal issues, compensation law, and notable decisions.
Fitzgerald v Workers’ Compensation Regulator: Non-party disclosure and medical records
The Regulator sought 22 years of a worker’s Medicare and PBS history. The QIRC considered direct relevance and the limits of non-party disclosure.
Bullock v Wraight: Surveillance, credibility, and damages in a motor vehicle injury claim
Surveillance footage showed a motor vehicle accident plaintiff undertaking activities said to conflict with her reported limitations. The Court of Appeal considered credibility, expert evidence, and damages.
Ford v Nominal Defendant: Proper Inquiry and Search for an Unidentified Vehicle
A motorcyclist did not chase a ute after timber fell from it because he did not realise he was injured. The Court of Appeal considered what “proper inquiry and search” actually required.
Common Law Claim
In Queensland workers’ compensation matters, a common law claim is a claim for damages based on an employer’s legal responsibility for a workplace injury.
Reasonable Care
Reasonable care is the level of care expected in the circumstances. The concept helps determine whether conduct fell below the standard required by law.
Contributory Negligence
Contributory negligence may arise where an injured person’s own conduct contributed to the harm they suffered, potentially reducing the damages recoverable.
USM Events Pty Ltd v James: Reasonable Precautions and Sporting Event Liability
A last-minute change to a Gold Coast triathlon put runners and racing wheelchairs on the same course. Was separating them through a narrow S-bend a reasonable precaution?
Willmot v Queensland: Historical Child Abuse Claims and Permanent Stays
More than 50 years after the alleged events, could Ms Willmot’s historical abuse claims still receive a fair trial? The High Court considered delay, lost evidence, and permanent stays.
Kathi v Workers’ Compensation Regulator: When a work-related aggravation has resolved
Mr Kathi continued to experience disabling symptoms, but was his accepted work-related injury still responsible? The QIRC considered the distinction between a resolved aggravation and an ongoing underlying condition.