Gold Coast family receives over $180,000 following womans death in local hospital


The clients were a father and daughter who sustained nervous shock injuries following the death of their wife and mother respectively. On 12 September 2012 the deceased presented to the emergency department of a local hospital following an injury he sustained 4 wheel driving while he attempted to change an…

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What constitutes a public place for liability claims in QLD?


Public liability claims enable you to pursue compensation for injuries that you sustain due to someone else's negligence. But what does the 'public' part of a public liability claim mean? Some people believe that accidents must happen in a public place, such as a shopping centre or supermarket. This isn't…

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Is my employer obligated to provide accident avoidance training?


Health and safety rules are designed to protect employees from the hazards that exist within the workplace. But regardless of how careful employers are to create a safe working environment for staff, accidents still occur. There were more than 61,000 workers compensation claims filed in the state in 2012-13, according…

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Repetitive Strain it is a real thing – Queensland Process Worker Claims Compensation


Our client was engaged in work activities at the end of the packing line taking tubes off a conveyer belt. The worker generally takes three tubes at a time, one left hand and two with the right. The worker checks the date and once done, the three tubes are slid…

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Does being drunk affect a public liability claim?


ustralians enjoy the occasional tipple and Queenslanders aren't the exception to the rule. According to the Foundation for Alcohol Research & Education, Queenslanders may only be the fourth-largest consumers of alcohol in the country at 83.2 per cent of the population. But the state's residents ranked first in Australia for…

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Can I make a public liability claim against a volunteer?


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…

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


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…

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


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…

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


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…

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


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…

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


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…

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he need to support oral evidence with documentary evidence


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…

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Can I claim for compensation against lifeguards?


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…

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How are civil and criminal medical negligence different?


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…

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What common challenges do medical negligence plaintiffs face?


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…

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What are recent examples of supermarket negligence cases?


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…

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


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?…

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What is the biggest payout for medical negligence in QLD?


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…

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


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…

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


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?…

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