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Day Off Turns Into a Nightmare

RAMSAY HEALTH CARE AUSTRALIA PTY LTD VS WYATT – [2017] WADC 145 On 8 April 2014 (on a rostered day off), Ms Wyatt attended the hospital where she worked to complete a form that had been requested of her previously. It is accepted that her attendance did not relate to the nursing duties for which…

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‘Relatively Easily’ Brain Surgery Has Tragic Results

PANAGOULIAS -v- THE EAST METROPOLITAN HEALTH SERVICE [No.4] [2017] WADC 118 Prior to his injuries the plaintiff was a very social person. He enjoyed a range of leisure activities like, fishing and cooking, home handy work including renovating and tinkering with cars, and enjoyed his work as well. In December 2005, the plaintiff was diagnosed…

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5 Questions To Ask Your Lawyer

Choosing the right lawyer for your individual case is essential to getting the result you want. In order to find out if a lawyer is right for you, here at 5 crucial questions to ask: 1: What kind of lawyer are they? Some lawyers are “general practitioners” who work on a variety of types of…

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Your Guide To Legal Language

Having trouble trying to decipher the legal language? Here’s our glossary to all the legal terms and terminology you might need to know. Affidavit: An affidavit is a written statement setting out a person’s evidence, that is, information that tends to prove or disprove a fact. Affidavits can come from witnesses, experts, or the plaintiff…

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Christos v Curtin University – A long standing dispute

The primary proceedings concerned a claim by the appellant (Dr Christos) against his former employer, Curtin University, (Curtin) for damages for psychiatric injury allegedly caused by Curtin’s breach of contract, negligence and breach of statutory duty. In general terms, Dr Christos, whose employment was terminated by Curtin with effect from 28 October 2004, alleged that…

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No Damages Award Due to NO Negligence Finding – A Wild Ride

In the matter of Lightfoot v Rockingham Wild Encounters Pty Ltd [2017] WADC 62, the Claimant and her friend were passengers on a boat called “100% Wild”. This vessel was operated by the defendant, Rockingham Wild Encounters P/L (RWE) for the purpose of taking paying passengers on dolphin watching cruises. The skipper of the vessel…

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Man’s Compensation Increased on Appeal

On 28 May 2011, the Appellant was at home reading the newspaper. Three men, forced their way into the house.  There had been a history of animosity between the Appellant and one of the three men. An altercation occurred and the three men assaulted the Appellant. The Appellant made a claim for criminal injuries compensation. …

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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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