Case Summary

Many employers in Queensland have employees that are required to work in more than one State, whether because of the nature of the job (i.e. long-haul transport) or because the employer has premises in more than one State. When this is the case, it is important to understand which jurisdiction will apply if a worker […]

In the recent decision of Macgowan v Klatt [2019] QSC 222, Natalie Silvester, Associate of Mullins recently acted for Michael Klatt, Partner of Mullins, (Michael) in his capacity as Administrator of the Estate of the late Kenneth Hamish Macgowan (Ken). Michael is regularly appointed by the Supreme Court of Queensland (SCQ) as an independent administrator

In the recent decision of Bergin v Queensland Cork & Timber Solutions Pty Ltd [2019] QDC 141, Judge Loury QC DCJ applied the principles set out in sections 305B to 305E of the Workers’ Compensation and Rehabilitation Act 2003 to find an employer did not breach its duty of care. Mr Bergin was employed as a

The recent decision of In the estate of Edward Steven Middleton (deceased) [2019] QSC 128 (Middleton) demonstrates the importance of seeking legal advice whenever your testamentary wishes change to help ensure your final wishes are met. In this case, despite a clear final wish to benefit his daughter and despite having made two Wills in

The recent case of Hogan v Fraser & Ors revisited the longstanding Australian case of Cameron v Hogan. This was the case of a member objecting to the ballot to allow women members at Tattersall’s Club. These cases address whether the Court will intervene in matters relating to Clubs. The Supreme Court followed the decision

The recent Queensland Court of Appeal decision of Spink v Russell [2019] QCA 107 (“Spink”) provides valuable guidance regarding the relevance of a potential family provision application in a statutory will proceeding.  Spink is only the second statutory will matter to have been heard by the Queensland Court of Appeal.[1] What is a statutory will?

When an employee is injured in the workplace insurers need to consider the personal contribution the employee made towards sustaining the injury in the first place. In legal terms, this is called contributory negligence and, if the insurer can prove it, a finding of an employee being negligent can represent a significant reduction in damages

The recent decision of the Victorian Court of Appeal in Re McDermott and Potts in their capacities as joint and several liquidators of Lonnex Pty Ltd (in liquidation) [No. 2] [2019] VSCA 62 serves as a timely reminder to practitioners to keep cost considerations front of mind when determining whether or not to commence legal

When an accident happens, it is difficult to think of any victim other than the person or persons who were injured, or their loved ones. However, in the recent legal case of Caffrey v AAI Limited [2019] QCS 7, a police officer who arrived at a horrific motor vehicle accident and suffered psychiatric injuries sued

Liquor licence fees can be onerous enough without the added burden of a risk criterion fee, especially if that risk criterion fee was imposed as a result of a previous licensee’s misdemeanours. The Liquor Regulation 2002 (Qld) (the Liquor Regulation) prescribes that a risk criterion fee is added to the annual base fee for a