Publications

Can I make a public liability claim against a volunteer?

13/03/2018

Volunteering provides much-needed help to the community, enabling charities to keep offering essential services, while ensuring vulnerable groups are given a better chance at life. Nearly one-third of the country's adults performed voluntary work in 2014, according to the latest data from the Australian Bureau of Statistics. This represents approximately…

Read Full Article

Court Of Appeal Orders A Retrial After Surprise Evidence Is Admitted Midway Through The Trial

12/02/2018

Case Study: Allianz Australia Insurance Limited v Mashaghati [2017] Facts On 1 May 2011 the Respondent, Mr Mehrang Mashaghati was riding his motorcycle along Wynnum Road in East Brisbane when another vehicle driving in the opposite direction suddenly turned across the Respondent’s path. In an attempt to avoid collision, Mr…

Read Full Article

Evidence: Why it sets out an important foundation to support the strength of your case

05/02/2018

Barrett v Richardson & Anor [2017] QDC 259 In a recent Judgement handed down by The District Court of Queensland, the Plaintiff in these proceedings, Ms Barrett, claimed damages for personal injury and consequential loss suffered as a result of a motor vehicle accident that occurred in 2014. Background Ms…

Read Full Article

Queensland Mother Awarded $185,821.05 in Damages After Being Injured In A Car Accident

29/01/2018

The Plaintiff in these proceedings was the front seat passenger in a vehicle being driven by her friend when they were involved in a motor vehicle accident. As the Plaintiff’s friend was travelling down a main road, the first defendant was driving in the opposite direction when he suddenly veered…

Read Full Article

Queensland Man Awarded Compensation Despite Being Able To Return To Work After Car Accident

22/01/2018

The Plaintiff in these proceedings, Mr Thuong was involved in a motor vehicle accident on 22 July 2015 when the vehicle he was travelling in collided with the First Defendant’s vehicle. Liability was not an issue in this matter and the insurer (the second defendant) acknowledged that the first defendant…

Read Full Article

Case summary: Lee v Lee & Ors [2017] QSC 42

15/01/2018

The case of Lee v Lee & Ors [2017] QSC 42 is a motor vehicle accident compensation claim that went all the way to the Supreme Court of Queensland. In this matter, the Plaintiff alleged that on 25 September 2013 he was a passenger of a motor vehicle being driven…

Read Full Article

he need to support oral evidence with documentary evidence

08/01/2018

At Gerard Malouf and Partners we know the importance of reviewing Court Decisions. By regularly reviewing decisions we are better able to prepare our clients cases by putting into practise useful tricks used by other solicitors, or learning from the mistakes which they have made. The recent findings of Justice…

Read Full Article

Can I claim for compensation against lifeguards?

01/01/2018

Waterways in Australia can be extremely dangerous. The Royal Lifesaving Society (RLS) recorded 280 drowning deaths in 2015-16, nearly one-quarter of which occurred on beaches. Lifeguards provide a valuable service in Queensland by protecting swimmers from hazards and saving lives when people become distressed in the water. But what happens…

Read Full Article

How are civil and criminal medical negligence different?

27/12/2017

Australia's legal system has two fundamental branches: criminal and civil. Televised court cases - whether real or fictional - are usually criminal proceedings. The purpose of a criminal case is to punish a defendant, provided they are found guilty, and discourage other people from committing similar offences. However, the primary…

Read Full Article

What common challenges do medical negligence plaintiffs face?

18/12/2017

A successful medical negligence claim can have a significant impact on a person's life, providing compensation to help cover any financial losses and emotional trauma after failed treatments. But these cases are a complex area of liability law, and successful claims must meet a high threshold of proof to satisfy…

Read Full Article

What are recent examples of supermarket negligence cases?

11/12/2017

Supermarkets have the worst safety records of any other businesses in the ASX100. A 2015 Citi report, which tracked the top 100 listed companies in the country, found that supermarkets and their distributors reported the most injuries per hours worked. Metcash, Woolworths and Wesfarmers all ranked in the top four…

Read Full Article

What if more than one defendant is responsible for my injuries?

04/12/2017

Public liability claims are often complicated, but a judge's job is usually made harder when there are multiple defendants that could be deemed negligent. For example, you may suffer a slip, trip or fall in a Queensland supermarket that leads to serious injuries. Who is to blame for the accident?…

Read Full Article

What is the biggest payout for medical negligence in QLD?

27/11/2017

Medical practitioners are among the most highly skilled professionals in Australia today. Not only do they perform a difficult job, but they also work in a stressful environment that regularly requires long hours. One-fifth of the country's junior doctors work every day of the week, according to an Australian Medical…

Read Full Article

Queensland woman receives $30,000 in compensation following negligent dental treatment

13/11/2017

Our client was a 38 year old woman who suffered injuries as a result of dental treatment she received in Queensland. Our client consulted a dentist for treatment in relation to an infection in her wisdom tooth. The tooth was extracted and during the procedure the dentist negligently caused damage…

Read Full Article

Under what law can I make a claim for a slip or fall in Queensland?

06/11/2017

Slips, trips and falls are common among Queenslanders. More than 13,000 employees suffer this kind of accident in the workplace each year, according to state government statistics. People who are injured while performing their job have access to workers compensation payments, but what about if you hurt yourself somewhere else?…

Read Full Article

Do country hospitals have a lower duty of care to patients?

30/10/2017

Healthcare outcomes can vary dramatically when you compare rural hospitals to those in the city. Wards in remote and regional areas face unique challenges, including fewer specialist services, workforce shortages and patients with specific health concerns. Research from the Australian Institute of Health and Welfare revealed that people in locations…

Read Full Article

What evidence should I collect for a QLD public liability claim?

23/10/2017

Have you been injured in a public place or on private property? Do you believe the accident occurred because someone who owed you a duty of care was negligent? You may be entitled to compensation through a public liability claim, but proving a case can be tricky. The individuals or…

Read Full Article

Can I make a medical negligence claim for a misdiagnosis?

20/10/2017

The path to becoming a doctor in Australia is long and arduous. The Medical Journal of Australia interviewed a heart surgeon in 2012 who became fully qualified at the age of 34 - 17 years after first studying undergraduate medicine at the University of Sydney. Medical practitioners are well-trained professionals…

Read Full Article

Central Coast man awarded over $3 million after suffering work injury and subsequent medical negligence at a Queensland Hospital leaving him a paraplegic

19/10/2017

This very sad matter involved a Central Coast man who suffered a work accident whilst employed as a sand blaster working at a port in Queensland. He was sitting in a stationary position over a period of three and a half days with minimal movement and in the course of…

Read Full Article

What are the most common forms of medical negligence?

07/09/2017

Have you suffered an injury or illness following medical treatment in Queensland? You may be eligible to pursue compensation for a range of economic and non-economic costs that you've incurred. But proving negligence can be tricky; it's not enough to show that a medical practitioner made a mistake. Doctors are…

Read Full Article