Join us for a coffee chat with insurance partner Tony Park and private clients partner Scott Hay-Bartlem as we delve into Tony’s background, explore his life outside work, and discuss what gets him excited about his work in this candid conversation.
In the recent District Court decision of Morris v Evolution Traffic Control Pty Ltd [2023] QDC 195, an employer and principal contractor were both found not liable for a trip and fall on a raised section of bitumen at a traffic site.
In this recent Supreme Court decision of Speziali v Nortask Pty Ltd [2023] QSC166, a principal contractor was found primarily (75%) liable for injuries sustained
A significant outcome for employers in High Court case examining vicarious liability.
In the recent workers’ compensation decision of Mason v State of Queensland, an employer was found vicariously liable for an intentional, unlawful assault by a supervisor against a team member as well as for the subsequent retributive behaviour of other employees (essentially verbal abuse for ‘dobbing’ on the supervisor).
It has often been assumed that a claimant with an injury resulting in a degree of permanent impairment of 20% or more was entitled to recover counsel’s fees on settlement of a claim, pursuant to the Workers’ Compensation and Rehabilitation Regulation 2014. However, the Queensland Supreme Court has now definitively held that there is no such entitlement.
Cooper Grace Ward has again been named as a First Tier insurance law firm by Doyle’s Guide. Partners Tony Park and Brady Cockburn were also ranked in the list of Leading Queensland Workers Compensation & WorkCover Lawyers by Doyle’s Guide for 2022.
Cooper Grace Ward is pleased to announce that it has promoted four team members to more senior roles within the firm.
In Giles v State of Queensland [2021] QCA 206, the Queensland Court of Appeal confirmed the District Court’s decision that the State was not negligent in its management and welfare checking of an injured worker during his attendance at a catastrophic fire.
What is ‘reasonable management action’ and how does it work in practice?
In Bona v Jeffries & Allianz Australia Insurance Limited [2021] QSC 84, the defendant insurer failed, on the basis of unreasonable delay, in its application to the Brisbane Supreme Court for an order that the plaintiff submit to an assessment by an occupational therapist over 12 months after the holding of the compulsory conference.
The findings of the Court in this highly unusual compensation claim should provide some comfort to employers but is a reminder to remain focused on practical measures to minimise foreseeable risks of injury to employees.