19.04.23
In December 2017, Clinton Chadwick was assaulted by a drunk patron at a restaurant and bar called Bucket List Bondi. Chadwick filed a negligence claim against the venue operator and security company, alleging they breached their duty of care by failing to control or evict the intoxicated person. The Court found in favour of Chadwick, stating that the defendants breached their duty of care. However, a 20% reduction in damages was given due to Chadwick's contributory negligence. This case highlights the duty of care owed by venue operators and security guards to patrons, which extends beyond the duty owed by an occupier to a lawful entrant. The ruling also provides an example of how Courts may assess economic loss when a plaintiff's primary income is from social media influence. Read More.
14.04.23
Anna Morgan, a special counsel for Evolve Legal, brings her extensive knowledge of Total and Permanent Disablement (TPD) and terminal illness claims on superannuation to the table. It is common for employees to have a superannuation fund that automatically includes insurance policies. TPD insurance provides coverage for policyholders who suffer permanent injuries or illnesses that prevent them from returning to work. This article outlines the TPD and terminal illness claim process, highlighting the importance of comprehending policy definitions, insured amounts, and payment timelines. Read More.
23.03.23
Survivors of child sexual abuse may endure a lifetime of physical and psychological harm. As a result, Australian Law permits them to pursue compensation for their pain and suffering. Despite this, a substantial gap exists in the current system that permits offenders to shield their superannuation from compensation orders. This loophole leaves survivors without adequate compensation, and as a result, this article delves into its implications and the ongoing efforts to address and eliminate it. Read More.
20.03.23
The evidence presented by the injured party in a personal injury claim is closely scrutinized by insurers and courts, with great emphasis on its consistency with various records. This is because the assessment of damages relies heavily on the accuracy and credibility of the plaintiff’s accounts of their symptoms. If the evidence presented does not align with the plaintiff’s statements, there is a risk that the court will not find their version of events convincing. A recent supreme court case illustrates this point, where the plaintiff’s evidence was deemed inadequate due to inconsistencies with documentation provided by the insurer and medical professionals. Read More.
23.02.23
Have you heard of Claim Farming? or have you been a victim of Claim Farming? Evolve Legal was pleased to hear about the successful prosecution of a company found accountable for the insidious practice. As a result, the organisation was fined 1 million dollars in hope that the financial incentives for other organisations who engage in such behaviour will be eliminated. Read More.
19.01.23
Queensland's road toll in 2022 was the highest in more than a decade, with 299 lives lost. Last year, the state's road toll was the highest since 2009, including 70 motorcyclists, 29 pedestrians and 12 people who died in floodwaters. That toll is also higher than road tolls in New South Wales and Victoria. Read More.
09.12.22
On 22 November 2022, the District Court of Queensland held that Aldi was liable to its employee who sustained a back injury while lifting cartons of tinned tomatoes. The worker was awarded $157,767.71 compensation for her back injury. Read More.
27.07.22
Supreme Court awards Taxi driver involved in Motor vehicle accident over $200,000, even though the car accident injuries/ impact was minor, he had prior medical conditions and the medical expert evidence indicated 0% permanent impairment. Read More.
26.10.21
In October 2021, the Supreme Court of Victoria awarded a landmark $2.7 million in damages to a private school victim of childhood sexual abuse. This is the highest amount of damages awarded for an institutional abuse case so far in Victoria. Read More.
08.10.21
A recent Supreme Court of Queensland case of has hit home the importance of appropriate training in the workplace for employers, employees and temporary workers. In a nutshell, this case reveals that safety at work is the responsibility for both employers and workers. Read More.
08.09.21
National Child Protection Week runs from 5 to 11 September 2021. It serves to remind us of the importance of preventing child abuse and neglect. The theme for 2021’s NCP Week is “Every child, in every community, needs a fair go”. Read More.
06.09.21
Medical appointments are private – Employers have no rights to attend an injured worker’s medical appointments. If your boss is pressuring you to let them attend your medical appointments, you should tread carefully and protect your rights to privacy. Read More.
05.08.21
By exercising legitimate rights to bring a claim, the injured person is doing the government (and ultimately the taxpayers) a favour. They are enabling money to be tipped back into the coffers of the government. Read More.
06.07.21
If you are struggling with self-care, or need help with daily activities while recuperating, speak to your doctor to get a written recommendation or referral for domestic assistance. Read More.
19.04.21
In a recent finding of Coroners Court of Qld, the Coroner was critical of BHP Billiton Mitsubishi Alliance (BMA)’s attempt to reduce costs by modifying its plant and equipment. The modification of the machinery was done to reduce downtime and costs associated with maintenance Read More.
16.03.21
It is important to be aware of the WorkCover fraud provisions under the Workers’ Compensation and Rehabilitation Act 2003 QLD. The best protection against a fraud is to be full and frank with the insurer and your doctors and keeping the insurer informed of any work-related activities being performed (whether paid or unpaid). Read More.
12.02.21
In Australia, we have a long and proud history of providing legal remedies and access justice where people are injured because someone else was negligent. This means that, generally speaking, you are entitled to compensation regardless of your immigration status. This may include items such as your out-of-pocket expenses, lost income, medical expenses, and rehabilitation costs. Read More.
21.07.20
Under the current Queensland workers compensation system, the onus is on the injured worker to prove that the incident happened. The reason that the Queensland workers compensation system lets down victims of sexual harassment or bullying is that the very design of the system enables the bully or harasser to use their power to avoid a claim. Read More.
22.06.20
Personal injury law is complex. There are multiple pieces of legislation that apply. There are complex examples of case law that must be understood, applied or distinguished in order to be successful.
But being a technically good lawyer will only advance a client so far. To maximise the effectiveness of the client’s case, a lawyer must do more than provide a clinically accurate presentation of your matter. They must tell a story.
Read More.
19.05.20
Cycling is a great way to get some fresh air, get fit and move around our community while causing less damage to the planet! But if a rider gets injured the results can be devastating. Not only is there damage to the bike, but there can be pain, the need for treatment and an adverse impact on the ability to work.
Read More.
07.05.20
Australian citizenship is often the final step in an individual’s migration pathway after gaining Australian Permanent Residency, with their ultimate goal being to live in Australia with all the rights and opportunities available to their Australian peers. Read More.
14.04.20
If you own a motorcycle that is used or is intended to be used on public roads in Australia, you are required to take out insurance against liability for the death or personal injury of others arising out of an accident. Read More.
24.03.20
If you are a Queensland employee and you are injured at work, you may be eligible to pursue a statutory claim and/or a common law claim. Read More.
10.03.20
According to the Australian Road Deaths database, 1,203 people died on Australian roads as a result of motor vehicle accidents in 2018. These figures are increasing Read More.
