Useful Resources

Gabrielle Andaloro Gabrielle Andaloro

Criminal Law Assault vs Civil Law Trespass to Person

We are commonly asked whether a victim of physical, sexual and/or psychological abuse must first succeed in criminal prosecution before they can pursue a damages claim.

The short answer is no. You can pursue a common law damages claim regardless of whether or not the perpetrator has been criminally prosecuted.

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Gabrielle Andaloro Gabrielle Andaloro

The Human Factor in Road Traffic Accidents

From 1 January 2022 to 23 October 2022, there have been 224 fatal crashes and 238 fatalities. One of the saddest truths about car accidents is that most of them are entirely preventable.

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Patrick Delaney Patrick Delaney

Workplace Injuries - Farm Safety in Focus

In Queensland, agriculture, forestry and fishing workers had the highest fatality rate of all work sectors according to the latest Work-Related Traumatic Injury Fatalities report published by Safe Work Australia.

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Caravan Chaos for Consumers

The ACCC has reported a rising number of complaints received about caravans over the past 5 years, including delays in supply and repairs, misrepresentations about performance capabilities, tow-weight, the availability of repairs, and warranties and their impact on consumer guarantees, and quality issues with caravans and their components.

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Read Dylan Curran Read Dylan Curran

Part 2: Social media as evidence

More than 20.5 million Australians use at least one form of social media such as LinkedIn, Facebook, Instagram, Twitter etc. As we touched on last week, as social media has become more prevalent in society, it has become more relevant in our legal system. This week we look at some actual decisions from the Courts were social media posts were used as evidence.

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Read Katie Caldow Read Katie Caldow

Part 1: Social media as evidence

People posting comments, photographs and videos on social media often do so in a manner that paints them and their lives in the most positive way (including, at times, in a way that suggests life is going better than it is).


But what happens when you suffer an injury or illness and pursue a compensation or insurance claim? Can your social media usage have an impact? The short answer is yes!

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Read Gabrielle Andaloro Read Gabrielle Andaloro

Intoxication and Motor Vehicle Accident Claims

We all know that drinking alcohol can affect our judgement, vision, coordination and reflexes, and so it comes as no surprise that when mixing drinking with driving, cycling or even sometimes even just being a pedestrian, it can increase the risk of an accident occurring.

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Read Dylan Curran Read Dylan Curran

Sexual Harassment Part 2: Know your rights (claim process)

As we touched on last week, the Queensland Human Rights Commission holds jurisdiction in relation to complaints of sexual harassment made under the Anti-Discrimination Act 1991 (the “Act”). In order to commence the complaints process under the Act, you must first lodge a complaint form which can be completed online (https://www.qhrc.qld.gov.au/complaints/make-a-complaint).

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Read Katie Caldow Read Katie Caldow

Sexual harassment Part 1: know your rights

Sexual harassment continues to be prevalent in the community, including at work. It can have a significant impact on a person and their mental health. In some cases, the harassment can cause psychological or psychiatric injury.

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Read Gabrielle Andaloro Read Gabrielle Andaloro

Gym injuries and your legal rights

Exercise plays an important part in maintaining our physical and mental health and wellbeing. Joining a gym is one of the main ways you can choose to work out and while we can generally expect to be safe when lifting weights or doing a fitness class, accidents and injuries can still occur.

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Read Katie Caldow Read Katie Caldow

Psychological injury and workers’ compensation

Psychological health and safety in the workplace is just as important as physical health. If you have been injured at work you may be entitled to compensation benefits if the injury resulted from your employer’s negligence and/or the negligence of a third party.

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 Helpful Links

Queensland legislation

www.legislation.qld.gov.au/OQPChome.htm

Commonwealth legislation

http://www.comlaw.gov.au/

Queensland Law Society

http://www.qls.com.au/Home

Workcover Queensland

http://www.workcoverqld.com.au/

Workcover Authority – New South Wales

http://www.workcover.nsw.gov.au/aboutus/workerscompensation

Motor Accident Insurance Commission – Queensland

http://www.maic.qld.gov.au/

Motor Accident Insurance Commission – New South Wales

http://www.maa.nsw.gov.au/

Office of the Health Ombudsman

htttp://www.oho.qld.gov.au