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Date: Wednesday 18 November 2020
A recent decision of the Victorian Supreme Court has added further clarity to the vexed issue of setting aside previous settlements in abuse claims. This case summary by Brendan Ezzy provides a useful guide to the decision and its consequences.
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Date: Monday 28 September 2020
Court of Appeal confirms the significance of the expiration of limitation period materially affecting the quantum of the settlement and the decision to enter into the settlement
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Date: Monday 18 May 2020
One of our solicitors, Jena Catford, comments on a recent Queensland Supreme Court decision that demonstrates the consequences that can arise from failure to obtain and disclose discoverable documents in a timely way.
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Date: Friday 20 December 2019
On 24 July 2018, Queensland Parliament announced it would introduce legislation to address the growing problem of claim farming in Queensland. The proposed amendment Bill (Motor Accident Insurance and Other Legislation Amendment Bill 2019), was tabled in Parliament by the Honourable Jackie Trad MP on 14 June 2019 and proposed various amendments to the Motor Accident Insurance Act 1994 (Qld) in order to address the issue of claim farming. The Bill was passed on 26 November 2019 and the amendments came into effect on 5 December 2019.
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Date: Friday 20 December 2019
Glencore International AG v Commissioner of Taxation [2019] HCA ('Glencore') raises the issue of whether a claim of legal professional privilege can itself amount to an equitable cause of action.
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Date: Friday 15 November 2019
Workers suffering psychological injuries may be the major beneficiaries of recent amendments to the Workers’ Compensation and Rehabilitation Act 2003 that were implemented following a five yearly review of the operation of Queensland workers’ compensation scheme.
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Date: Tuesday 01 November 2016
In addition to Supreme Court’s inherent jurisdiction, the Courts are conferred with extensive legislative powers to protect the interests of minors. In damages claims, this jurisdiction is most commonly exercised in the sanction of settlements.
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Date: Wednesday 12 October 2016
A difficult issue which confronts many victims of childhood abuse is identifying the correct respondent against whom they can pursue a claim and whether that respondent has assets to meet a judgment. For this reason, one of the first steps we take on behalf of clients is to investigate whether the perpetrator of the abuse was employed by, or associated with, an institution which may have been directly or vicariously liable for the perpetrator’s conduct.
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Date: Friday 19 August 2016
On 16 August 2016 the Queensland Government tabled the Limitation of Actions (Institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016 (“the Bill”). The Bill is an important first step for childhood victims of sexual abuse and advocates for the reform of institutional abuse claims.
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Date: Tuesday 19 May 2015
The District Court in Townsville recently found in favour of a MurphySchmidt client who was assaulted in the course of her employment as a police officer in North-Western Queensland.
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Date: Wednesday 11 March 2015
Changes to Queensland's WorkCover Scheme mean it is more important than ever before for injured workers to consult a lawyer at an early stage.
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Date: Thursday 19 February 2015
The rights and needs of people who suffer illness and injury will be directly impacted by the National Injury Insurance Scheme (NDIS) and the National Injury Insurance Scheme (NIIS).
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Date: Thursday 19 February 2015
A MurphySchmidt client recently received a Supreme Court judgment in her favour after sustaining serious injuries from inhaling fertilizer dust at work.
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Date: Friday 31 October 2014
The Queensland Court of Appeal recently upheld a judgment in favour of a MurphySchmidt client who received serious spinal injuries in an accident at Lake Wabby on Fraser Island.