| Zhang v Popovic (NSWSC) - negligence - insurance - plaintiff injured when metal ramp attached to trailer fell on him - determination of action against parties connected with trailer and insurers joined as defendants
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| Williams v Ausnet Electricity Services Pty Ltd (Ruling No 2) (VSC) - evidence - forensic disadvantage - orders made for inspection of gum tree which plaintiff alleged fell on power line causing bush fire
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| Gippsreal Ltd v Kenny (VSCA) - leave to appeal - delay in making application due to lawyers' genuine mistake and court's delay - extension of time to seek leave to appeal granted
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| Jonathan v Mangera (QCA) - limitations - motor vehicle collision - refusal of leave to commence proceedings - leave to appeal refused - permission to adduce further evidence refused
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| Stokes v House With No Steps (QSC) - negligence - carer injured when attacked by client at work - employer negligent but causation not established - claim dismissed
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| Harding v Quirk (QSC) - equity - document did not represent part of ballot paper - application to restrain distribution of document refused
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| Benchmark Television |
Dear Subscriber
1. This Benchmark Television broadcast is with Caroline Dobraszczyk, Barrister on the Bail Amendment Act 2015 in discussion with Jaimee Burke. This is good viewing for everyone.
2. The Bail Amendment Act 2015 (“the Act”) was passed on 27 October 2015. The Act amends some key sections of the Bail Act 2013 and also includes amendments to the Bail Act which are described as “in response to Martin Place siege review” (this is part of the heading to Schedule 2 of the Act). The amendments clearly expand the scope of the Bail Act especially in its consideration of Commonwealth terrorism related offences.
3. For Benchmark CLE subscribers we have prepared notes which we will forward to them at their request. It is an excellent paper.
4. Also for Benchmark CLE subscribers at their request we will forward them an advice notice evidencing when they accessed this production.
5. If you are not a CLE subscriber you can subscribe here: https://benchmarkinc.com.au/cle
6. We also have a series of questions for Benchmark CLE subscribers which we will send to them at their request.
7. We will be in the next few days publishing some productions which are exclusively for Benchmark CLE subscribers.
8. You should watch on Wi-Fi to avoid excess data usage charges.
Warm regards
Alan Conolly for Benchmark
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| Caroline Dobraszczyk, Barrister on the Bail Amendment Act 2015 with Jaimee Burke |
| The Bail Amendment Act 2015 (“the Act”) was passed on 27 October 2015 but at the time of writing is yet to commence. The Act amends some key sections of the Bail Act 2013 and also includes amendments to the Bail Act which are described as “in response to Martin Place siege review” (this is part of the heading to Schedule 2 of the Act). The amendments clearly expand the scope of the Bail Act especially in its consideration of Commonwealth terrorism related offences. |
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| Summaries With Link (Five Minute Read) |
Zhang v Popovic [2016] NSWSC 407
Supreme Court of New South Wales
Adamson J
Negligence - insurance - plaintiff injured when metal ramp attached to trailer behind truck fell on top of him - plaintiff sued parties connected with trailer - plaintiff joined compulsory third party insurer of trailer, and insurer of first four defendants, as fifth and sixth defendants -first defendant was truck driver, second defendant was registered owner of trailer - third defendant was driver's employer and used truck and trailer in freight business - fourth defendant was company associated with driver - ss5B, 5C, 5D Civil Liability Act 2002 (NSW) - ss11 & 46 Insurance Contracts Act 1984 (Cth) - ss3, 3A, 10 & 16 Motor Accidents Compensation Act 1999 (NSW) - Sch 1, cl 38 Motor Accidents Compensation Amendment Act 2010 (NSW) - s4A Motor Accidents (Compensation) Act 1979 (NT) - ss4, 5 & 23(1) Motor Accident Insurance Act 1994 (Qld) - s74 Trade Practices Act 1974 (Cth) - held: plaintiff granted judgment against first, second and sixth defendants - seventh defendant granted judgment on plaintiff's claim,, second and fourth cross-claims - first and second defendants granted judgment on first cross-claim.
Zhang |
Williams v Ausnet Electricity Services Pty Ltd (Ruling No 2) [2016] VSC 145
Supreme Court of Victoria
T Forrest J
Evidence - plaintiff alleged stem of a sugar gum tree fell onto powerline causing bushfire subject of proceedings - another stem of tree failed in March 2016 - VicRoads advised tree required urgent removal - plaintiff sought that court view tree's remains - ss53(1), 53(3) Evidence Act 2008 (Vic) - forensic disadvantage to fourth defendant who had not engaged arborist or filed defence - held: Court ordered view to be conducted of tree's remaining portion - forensic disadvantage to fourth defendant attenuated by Court not entertaining submissions or statements from any party at view - tree to be preserved by VicRoads to enable examination by fourth defendant's arborist and for public safety.
Williams |
Gippsreal Ltd v Kenny [2016] VSCA 65
Court of Appeal of Victoria
Kyrou JA
Leave to appeal - extension of time - applicant sought extension of time to seek leave to appeal against paragraphs of order by Vickery J - unclear whether both paragraphs of order required extension of time - Court's discretion to extend time - length of delay and reasons for delay - held: applicant did not seek leave to appeal due to lawyer' genuine mistake and court's delays due to vacation - unfair to deprive applicant of opportunity for determination of application on merits - assuming extension of time required for both paragraphs, Court satisfied an extension of time should be granted.
Gippsreal |
Jonathan v Mangera [2016] QCA 86
Court of Appeal of Queensland
Morrison JA; Boddice & Burns JJ
Limitations - motor vehicle collision - applicant injured in motor vehicle collision - applicant gave Notice of Accident Claim Form under Motor Accident Insurance Act 1994 (Qld) - second respondent admitted liability in 2012 - solicitor advised second respondent he was unable to contact applicant - primary judge dismissed application for leave to commence proceedings within 60 days after three events which could not occur before expiry of limitation period - applicant sought leave to appeal - whether good reason for granting leave - whether conscientious effort to comply with Motor Accident Insurance Act - whether applicant chose to leave jurisdiction without leaving instructions - whether risk of significant prejudice to RACQ if leave given - applicant also sought to adduce further evidence - held: leave to adduce further evidence and leave to appeal refused.
Jonathon (I B W WI WB |
Stokes v House With No Steps [2016] QSC 79
Supreme Court of Queensland
Jackson J
Negligence - causation - plaintiff employed by defendant to care for disabled client at facility - plaintiff injured at work when client attacked her - plaintiff claimed damages for breach of defendant's admitted duty of care - ss15-17, 19, 20, 23, 28 Disability Services Act 2006 (Qld) - ss 305B–305E, 306F(2), 306H(2), 306N-306P, 306L(2) Workers' Compensation and Rehabilitation Act 2003 (Qld) - ss 112D, schs 8-11 Workers' Compensation and Rehabilitation Regulation 2003 (Qld) - held defendant was negligent but plaintiff failed to establish breach of duty caused plaintiff's loss - claim dismissed.
Stokes |
Harding v Quirk [2016] QSC 72
Supreme Court of Queensland
Byrne SJA
Equity - application for injunction to restrain distribution of handbill or pamphlet - application made pursuant to div 7 pt 9 Local Government Electoral Act 2011 (Qld) on basis document was unauthorised how-to-vote card - held: Court regarded document as reminiscent of ballot paper but similarity not sufficient to warrant inference that hand-bill was intended to represent part of ballot paper - application dismissed.
Harding |
