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Latest Insights

  • July 1, 2020Specialist Opinion Cure for Significant Delay in Extension Application

    Masters v Daoud [2020] QDC 38.   Key Points: Rinaudo DCJ of the District Court of Queensland was required to consider whether, in an application for an extension of time pursuant to s 31 of the Limitations of Actions Act 1974 (Qld): specialist opinion constituted a “material fact of a decisive character”; and before that […]

  • April 17, 2020Tribunal concludes that Telstra didn’t cause heart attack

    Faltusz and Telstra Corporation Ltd [2019] AATA 5995.   Key Points: Mr Faltusz claimed workers’ compensation following a heart attack, suffered outside of his workplace, while he was waiting for a bus. The Tribunal found there was no link between Mr Faltusz’s employment and the claimed condition. The Tribunal found in favour of the employer. […]

  • April 17, 2020What we can learn from NZ’s workers’ compensation scheme regarding hernia claims?

    David MacDonald v Accident Compensation Corporation [2009] NZACC 153.   Background: In the United Kingdom in 1996, Smith G D, Crosby D L and Lewis P A conducted a study into 129 patients who had a total of 145 inguinal hernias. The study showed that in only 7% of cases the hernia was subjectively attributable to […]

  • April 17, 2020Full or partial remittal? That is the question

    Lim and Comcare (Compensation) [2018] AATA 4354.   Key Points: Psychological injury sustained in the course of reasonable administrative action Decision remitted to the Administrative Appeals Tribunal from the Full Court of the Federal Court There was a question over whether the Full Court’s remittal to the Tribunal was a full or partial remittal Breach […]

  • April 16, 2020Extension of limitation period denied, in favour of Doctor

    Smith v Reader [2020] QSC 48.   Key Points: The Supreme Court of Queensland considered an application for an extension of the limitation period on the basis of an expert report constituting a “material fact of a decisive character” pursuant to s 31 of the Limitation of Actions Act 1974 (Qld), and whether there was […]

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