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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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Unfortunate chase leads to compensation

Unfortunate chase leads to compensation 900 577 aelegal

CHASE -v- FRANCIS [2020] WADC 34 The applicants were Mr and Mrs Chase who claimed compensation because of the death of their 15-year-old son (deceased). Their claim was pursuant to s35 of the Criminal Injuries Compensation Act 2003 (Act) for mental and nervous shock. S35(2) only permits parents, close relatives, and partners to claim for…

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The consequences of being convicted of an offence for Criminal Injury Compensation claims

The consequences of being convicted of an offence for Criminal Injury Compensation claims 900 577 aelegal

The consequences of being convicted of an offence for Criminal Injury Compensation claims AA -v- ARW [2020] WADC 131 In September 2015 the offender was convicted of one count of carnal knowledge of a girl under the age of 13 years, two counts of attempted carnal knowledge of a girl under the age of 13…

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An issue of trust – can the District court dissolve an existing trust

An issue of trust – can the District court dissolve an existing trust 900 577 aelegal

LEVI JAKE SAUNDERS by his Next Friend CLAIRE MARIE MATTHEWS -v- TURNER [2020] WADC 133 The plaintiff was injured in a car accident in 2008 when he was 9 years old. His injuries were severe and included an acquired brain injury. In 2014 the District Court approved the compromise of the plaintiff’s claim in the…

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A Case of a Worker Betting on the Wrong Horse

A Case of a Worker Betting on the Wrong Horse 900 577 aelegal

KREMER -v- SANDFIRE RESOURCES NL [2020] WADC 130 On 2 November 2015, the Defendant company, Sandfire Resources, hosted a Melbourne Cup event at their DeGrussa copper and gold mine some 900km North East of Perth. As part of this event, the employees were encouraged to engage in various team activities. The final such activity was…

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Being in a State after assaults

Being in a State after assaults 900 577 aelegal

RE GOODWIN [2020] WADC 128 This case was an appeal against decision of a criminal injuries assessor. The primary issue that the court had to decide upon was the application of Western Australian state laws to Commonwealth places generally and, more specifically, whether the Criminal Injuries Compensation Act 2003 applies to a Commonwealth place by…

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Compensation Reduced on Appeal

Compensation Reduced on Appeal 900 577 aelegal

NAGEL -v- TAHERE [2020] WADC 110 This case was an appeal from a decision of an assessor of Criminal Injuries Compensation (assessor) pursuant to the Criminal Injuries Compensation Act 2003 (Act). The Assessor assessed compensation in the amount of $7,500 in favour of Mr Tahere (respondent) because of an assault by Mr Nagel (appellant). However,…

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“Watch out below!” – the consequences of a roof collapse

“Watch out below!” – the consequences of a roof collapse 900 577 aelegal

GREENSLADE -v- HIEW [2020] WADC 120 This case concerned the liability of a landlord for injuries sustained by a tenant following a ceiling collapse in a rental premises. The tenant suffered a compression type injury emanating from a C6 nerve root injury that radiated from the spine to the left shoulder, arm, and hand. The…

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House Fire Causes PTSD

House Fire Causes PTSD 900 577 aelegal

HUNTER [2020] WACIC 10 In this matter, the Chief assessor of Criminal Injuries Compensation awarded the Applicant $9,065 compensation for injuries and losses she suffered arising from a criminal injury. The application was made pursuant to section 12 of the Criminal Injuries Compensation Act 2003 (the Act). The case involves a dispute between two families…

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Murder leads to compensation award

Murder leads to compensation award 900 577 aelegal

Penny 2020 [WACIC] 8 The case of Richard Penny (the Applicant) was assessed by a Criminal Injury Compensation Assessor and delivered on 21 May 2020.  In January 2017 the Applicant made an application for compensation under the Criminal Injury Compensation Act 2003 (the Act) in relation to the murder of Charmaine Lois Winmar (the Deceased)…

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