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Plaintiff Awarded Loss Of Earning Capacity Inclusive Of Dividends

In the District Court case of Dunmall v Welsh [No 9] [2017] WADC 19 a Plaintiff was successful in being awarded damages for loss of earning capacity including of dividends due to him. In 2004 the Plaintiff and his wife were at the home of friends when the Plaintiff proceeded to exit onto an upstairs…

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Catastrophic injury claims scheme commenced 1 July 2016

Forming an integral part of the current Compulsory Third Party insurance scheme (CTP) in Western Australia, which provides cover for drivers and/or owners of registered motor vehicles on Western Australian roads, a no-fault catastrophic injury scheme commenced on 1 July 2016 (the Catastrophic Scheme). Prior to the Catastrophic Scheme you had prove fault against a…

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Slip And Fall Legislation –strong V Woolworths Limitited [2012] HCA 5

In this appeal to the High Court of Australia, the Appeallant, Kathryne Strong sustained a serious spinal injury after a slip and fall at a Woolworths Centre.  At the time of the incident, Kathryne was on crutches and slipped and fell when she lost control of a crutch which she had placed on a greasy…

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CRIMINAL INJURIES VICTIM RECEIVES FULL AWARD OF $75 000.00

CRIMINAL INJURIES VICTIM RECEIVES FULL AWARD OF $75 000.00 In the matter of Taylor v Paindelli  [2016] WADC 160, the Court on appeal from an award made by the Criminal Injuries Compensation Assessor, dismissed the appeal of Mr Taylor and confirmed that Mr Paindelli was  entitled to compensation of $75 000.00 as awarded by the Assessor. The…

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No award to victim of crime due to his involvement in a separate crime

No award to victim of crime due to his involvement in a separate crime In the matter of Thomson v Francis [2016] WADC 154, the District Court of Western Australia quashed an award of an Assessor of Criminal Injuries Compensation to the value of $75,000 and dismissed Mr Francis application for compensation outright. In December…

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Termination day notice to be strictly adhered by employers

Termination day notice to be strictly adhered by employers In the District Court matter of Reale v Wesfarmers Kleenheat Gas Pty Ltd [2016] WADC 5 and pursuant to the relevant section of the Workers’ Compensation and Injury Management Act 1981 (WA) (Act), Ms Reale (Plaintiff) lodged an election with WorkCover WA (WorkCover) to retain the right…

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hospital hallway

Were you warned? Your Doctor’s Duty

Were you warned? Your Doctor’s Duty In the unanimous High Court decision of Wallace v Kam [2013] HCA 19, the relevant principles of causation and the duty. To warn patients of potential complications prior to a medical procedure being performed were once again highlighted. It was particularly emphasized that all patients have a legal right…

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