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A “Tail” of Two Skippers and an Owner – who is liable to the employee?

A “Tail” of Two Skippers and an Owner – who is liable to the employee? 900 577 aelegal

Essayid v Saint [2021] WADC 61 The plaintiff brought an action against three parties. The Plaintiff injured his hand on 24 September 2017 whilst working on a fishing vessel when a hopper lid closed on the Plaintiff’s hand and caught it. The Plaintiff suffered wounds to three fingers, a fracture of one finger and tendon…

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Nothing left to do by owner to avoid Plaintiff’s injuries leads to no compensation

Nothing left to do by owner to avoid Plaintiff’s injuries leads to no compensation 900 577 aelegal

JENNER -v- MUNDRABILLA ROADHOUSE PTY LTD [2021] WADC 59 The Plaintiff was a 68‑year‑old road train driver.  In December 2015 he stayed at the Mundrabilla Roadhouse (roadhouse) in Mundrabilla.  Mundrabilla Roadhouse Pty Ltd (Defendant) owned and operated the roadhouse. The Plaintiff had stopped for the night at the roadhouse. It had been raining all day…

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The Gym Or Not The Gym – That Was The Question

The Gym Or Not The Gym – That Was The Question 900 577 aelegal

THOMPSON -v- ST JOHN OF GOD HEALTHCARE INC [2021] WADC 15 On the morning of the 26th of November 2018, the appellant went to gym and performed certain leg exercises. Later in the day she went to work at a hospital, where she was employed as a theatre nurse. She alleged that she suffered an…

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Second bite at the cherry for historical domestic violence abuse

Second bite at the cherry for historical domestic violence abuse 900 577 aelegal

NARRIER [2021] WACIC 6 This case was a Criminal Injuries Compensation (CIC) claim brought by the victim who was the victim of multiple historic domestic violence offences committed by the offender. The best way to approach this case is to understand the powers and limitations on time and compensation provided for in the Criminal Injuries…

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Reintroducing evidence after a plea of guilty

Reintroducing evidence after a plea of guilty 900 577 aelegal

Izzo [2001] WACIC 4 Background The victim applied for compensation in respect incidents that occurred on three different dates: Offence that occurred on 6 January 2018 Offence that occurred on 7 January 2018 Alleged offence which   occurred   on   6 December   2017 (incidents) The victim and the offender had known each other for a period of…

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Plaintiff’s claim against principal contractor dismissed

Plaintiff’s claim against principal contractor dismissed 900 577 aelegal

CLARK -v- SCHNEIDER ELECTRIC (AUSTRALIA) PTY LTD [2021] WADC 11 Introduction In December 2014, the plaintiff was employed by a company called Mineworks when he suffered a back injury whilst working as a painter and sandblaster at the Australian Marine Complex (AMC). This case was a separate tort claim against the defendant, Schneider Electric (Australia)…

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To stay or not to stay – the Court answers a historically sexually abused plaintiff

To stay or not to stay – the Court answers a historically sexually abused plaintiff 900 577 aelegal

UGLE -v- MASTERS [2021] WADC 8 This was a historic child sexual abuse action against the defendant. The plaintiff alleged that he had been declared a neglected child, taken from his parents, committed to the care of the Child Welfare Department, and housed at a Mission (Mission) between 1960 and 1966. The defendant was the…

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Stiletto attack

Stiletto attack 900 577 aelegal

ROBERTS [2021] WACIC 3 On a September evening in 2017, festivities commenced at the Harness Horse of the Year Awards at a Perth hotel. After the awards were concluded the party moved to a local Casino and restaurant. During the evening, much alcohol appears to have been consumed by some of the persons present and,…

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Something fishy about this claim!

Something fishy about this claim! 900 577 aelegal

Parke [2021] WADC 1 In this case the applicant alleged that he had been assaulted and suffered mental and nervous shock and physical injuries. He sought compensation pursuant to the Criminal Injuries Compensation Act 2003 (Act). The case was unusual in that there was oral evidence led before the assessor of several witnesses including the…

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Double trouble: offender fails on appeal twice

Double trouble: offender fails on appeal twice 900 577 aelegal

John Charles Couper v Yvonne Mary Alexander [2020] WADC 56 This case was an appeal from the decision of an assessor of criminal injuries compensation. Ms Alexander (Alexander) was the victim of two offences and was awarded the sum of $25,627.55 for injuries and losses suffered. Both offences were committed by her husband at the…

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