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Searching Content indexed under Trials & Appeals & Compensation by Cooper Grace Ward ordered by Published Date Descending.
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Excess speed and contributory negligence – Ayre v Swan
NSW Court of Appeal increases a contributory negligence finding because of the grossly excessive speed of the plaintiff.
Australia
28 Aug 2019
2
Setting aside a statutory demand on conditions: a double-edged sword?
Article reminds us that the court has the power to set aside the statutory demand on conditions.
Australia
8 May 2018
3
High Court of Australia dismisses application by builder to appeal QBCC insurance payout
Builders should now ensure that they challenge any adverse QBCC decisions before the QBCC makes an insurance payout.
Australia
19 Jan 2018
4
Landowners should know entitlements to compensation under a CCA
Resource companies are failing to adequately compensate for the disruption to the business activities of the landowner.
Australia
28 Oct 2017
5
McQuitty calls quits on the probability test for assessing future hypothetical events
The Queensland Supreme Court re-evaluated the test for assessing the likelihood of a future hypothetical event occurring.
Australia
 
6 Apr 2016
6
Qld Supreme Court rules that fund management fees are not recoverable in dependency claims
This finding has the potential to apply to all Lord Campbell's Act type statutory dependency claims in Queensland.
Australia
11 Mar 2016
7
Who pays the costs associated with managing the fund management component of the damages? Gray v Richards [2014] HCA 40
An incapacitated plaintiff can recover from the defendant the costs associated with managing the fund management damages.
Australia
22 Oct 2014
8
Liquidated damages or penalties: higher threshold for enforceability
The cases are useful when negotiating liquidated damages or any other compensation provisions in commercial agreements.
Australia
19 Dec 2013
9
Workers Compensation and Rehabilitation Act - requirements for an application under Gateway 237
The exceptions to Section 237 of the Workers Compensation and Rehabilitation Act 2003. The section prevents an individual from seeking common law damages against an employer they meet certain criteria.
Australia
3 Mar 2010
10
A Plaintiff´s Plight And A Perilous Path
The Queensland Court of Appeal has recently refused the appeal of Ms Noela Anderson to challenge the findings of the Magistrates and District Court of Queensland that found no breach of duty by a local Council...
Australia
26 Nov 2008
11
Settlement To Be Or Not To Be - That Is The Question
This very recent decision of Justice Wilson of the Supreme Court dispels the long held belief that an oral compromise is as good as a written one, at least in the context of matters involving pre-proceeding settlements regulated by the Workcover Queensland Act 1996.
Australia
17 Aug 2008
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