A cyclist struck an unlit Council barricade before dawn. The Court of Appeal considered when a public authority’s conduct crosses the higher threshold imposed by section 36.
Public Liability
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.
Tapp v Australian Bushmen’s Campdraft: When Is an Injury an Obvious Risk?
Four riders fell, an experienced competitor warned that the arena was unsafe, and the event continued. The High Court considered whether the resulting injury was truly an obvious risk of campdrafting.
Stewart v Metro North Hospital and Health Service: Future Home Care and the Compensatory Principle
Can an injured person claim the higher cost of receiving future care at home? The High Court considered reasonableness, mitigation, and the compensatory purpose of damages.
Mandatory Final Offers (MFOs) and Written Final Offers Explained in Queensland Personal Injury Claims
If your Queensland personal injury claim reaches the later stages of the claims process, you may receive a Mandatory Final Offer (MFO) or, in WorkCover common law claims, a written final offer. Although the terminology differs depending on the type of claim, both are intended to encourage the parties to resolve a claim before court […]
What Happens If You Slip and Fall in a Shopping Centre in Queensland?
A slip and fall in a shopping centre can happen in many different areas, including walkways, food courts, bathrooms, car parks, escalator areas, entrances, or near retail stores. After a slip and fall incident, it may assist to seek medical treatment, report the incident, and keep records of what occurred. The following information provides a […]
What To Do After a Slip and Fall Accident in Queensland
If you are injured in a slip and fall accident in Queensland, it is important to seek medical treatment and obtain information relating to the incident and surrounding conditions. The following information outlines some practical steps that may assist following a slip and fall accident. Assessing Injuries and Seeking Assistance If you suffer a slip […]