Personal Injury

• Benefits of Mental Health First Aiders in a personal injury law firm

  1st Aug 2024

  The role of a Mental Health First Aider includes recognising signs of distress, providing initial support, guiding individuals to further support and reducing stigma. Luke Ingham-Myers and Ashleigh Shea describe their journey to becoming accredited Mental Health First Aiders and how they apply the training to enhance their work with clients suffering psychological injuries.

• Archaic immunity from the long face of the law

  8th Feb 2024

  An anachronistic and outdated law continues to unfairly affect road users who collide with livestock in Queensland. Rachel Last sets out the detail and why Queensland should align with other states and territories to ensure a just outcome.  

• A bad week for public liability claims – but will it matter?

  20th Jul 2023

  Travis Schultz ponders three decisions handed down this week: Ballina Shire Council v Moore; Blue OP Partner Pty Ltd v De Roma and Townsville City Council v Hodges. 

• Cullen v State of New South Wales: A landmark case on duty of care at protest rallies

  29th Jun 2023

  Jeremy King and Sophia Baldi of Robinson Gill Lawyers explore the implications and outcomes of an incident that transpired during an ‘Invasion Day Rally’ in January 2017, during which police breached a duty of care to bystanders while making an arrest, resulting in significant harm to the plaintiff.

• Son, be a lawyer.

  20th Apr 2023

  Founding ALA member, Mark O’Connor, reflects on 42 years of ‘exciting, dramatic and, at times, crazy and noble’ legal practice, leaving us with the story of its beginning, along with some 'hopefully helpful' words.

• Lawyers warn gaps in e-scooter insurance cover may mean no recourse for injury

  17th Mar 2023

  Urgent action from government and insurance companies is needed to ensure that anyone injured by an e-scooter in Victoria can receive fair compensation for their injuries, says the Australian Lawyers Alliance (ALA).

• Why wage underpayments should concern personal injury lawyers

  23rd Feb 2023

  Sharing a slice of Queensland Conference, learned speaker Stephen Hughes of Travis Schultz & Partners calls out an alarming trend – the underpayment of workers – highlighting the impact of this injustice on the determination of economic loss in personal injury claims. 

• How much weight do we give to clinical notes in compensation matters?

  12th Jan 2023

  Rachel Last, Senior Associate at Travis Schultz & Partners, emphasises the need for a cautious approach to clinical notes in compensation matters, with reference to an interesting ACT case: Maher v Russell.

• Stoicism and personal injury law

  24th Nov 2022

  With access to mental health services at a critical low, James Leggo of Travis Schultz and Partners discusses whether lawyers working in tumultuous areas like personal injury, family and criminal law should have training in counselling or psychology, and suggests the ancient Greek philosophy of stoicism as a useful tool.

• ‘I became a quadriplegic while wakeskating because the boat driver was negligent.’ Which case won?

  21st Sep 2022

  Did the boat driver owe a duty of care to the wakeskater? Was the wakeskater aware of an obvious risk? What is a dangerous recreational activity? Chris Clarke draws on 28 years of legal practice to provide expert commentary.

• ‘My husband committed suicide due to a work-related injury; his employer should pay out the death benefit.’ Which case won?

  30th Jun 2022

  ‘A worker’s death by suicide does not necessarily prevent recovery of death benefits under the Workers Compensation Act,’ writes Di Branch. ‘Ultimately it depends on the facts of each case.’ In this particular case, the employer’s insurer denied liability and the widow lodged a dispute with the NSW Personal Injury Commission. So, which case won?

• Traumatic birth experience leads to avoidable injury

  3rd Feb 2022

  It is important for women to know that birth-related injuries are common, they are sometimes preventable, and legal advice should be sought before the time to bring a claim passes, writes Jyoti Haikerwal, a lawyer at Brave Legal and volunteer with the Australasian Birth Trauma Association.

• Millions in compensation payments delayed due to slow Centrelink processing

  1st Sep 2020

   Millions of dollars which should be assisting families in need remains locked in insurers’ trust accounts due to Centrelink processing delays, according to the Australian Lawyers Alliance (ALA).

   

• Driverless dangers are here – and we need to be ready

  26th Sep 2019

  Katie Minogue calls for national reform of existing motor accident injury insurance schemes to ensure that road users are adequately covered if they are injured by vehicles utilising ‘autonomous features’ such as adaptive cruise control, automatic emergency braking, lane-keeping assist and road-departure mitigation.

• Superannuation and TPD insurance: Ensure your clients don’t lose thousands of dollars in tax

  19th Sep 2019

  Andrew Reynolds provides practical tips for personal injury lawyers practising in the areas of superannuation and TPD on how they can prevent their clients from making potentially costly decisions and help them to maximise their benefit.

• Investigation reports and litigation privilege in motor vehicle accidents: Douglas v Morgan [2019] SASCFC 76

  15th Aug 2019

  Natasha Budimski outlines the recent Supreme Court of SA decision Douglas v Morgan & Ors. This case directly challenged the ability of CTP insurers to assert legal professional privilege over investigation reports obtained early on in a motor vehicle accident claim, and ultimately make determinations on liability based on those reports.

• Drivers lose out in insurance shake-up

  18th Jul 2019

  The SA State Government’s recent rejection of a number of recommendations made by a parliamentary review into SA’s compulsory third party (CTP) scheme is bad news for injured motorists.

• The high cost of preventable farm accidents

  4th Jul 2019

  Justin Stack details some recent cases involving preventable farm accidents and emphasises the importance of farm owners and workers understanding their workplace safety rights and obligations.

• Government response to CTP review fails SA motorists

  28th Jun 2019

  The government has failed car accident victims in SA by refusing to accept many of the recommendations from the review of the state’s CTP scheme.

• How to help your client without financial capacity

  27th Jun 2019

  Jane Campbell discusses the recent ACT Supreme Court case of Williams v Hoang [2019] ACTSC 144 and provides top tips for plaintiff lawyers who are seeking to recover the cost of funds management.

• Damages for pain and suffering

  1st Nov 2018

  Harry Gill discusses two Victorian decisions that explore the assessment of pain and suffering damages in personal injury cases.

• Expert evidence: Traffic accident reconstruction reports and physical observations

  16th Oct 2018

  David Cormack discusses the decision and reasoning in the recent case of Brown v Daniels & Anor [2018] QSC 209.

• Personal injury claims assisted by disruptive technology

  4th Oct 2018

  An exploration of an innovative new software – now available to personal injury lawyers in Australia – that converts 2D MRI scans to accurate 3D models. 

• How are compensation claims calculated in Queensland?

  26th Jul 2018

  An exploration of the factors that are considered when calculating the total sum of a compensation claim.

• Implementation of the Paramedicine Board of Australia

  19th Jul 2018

  From September 2018, all paramedics across the country will be required to be registered with the Australian Health Practitioner Regulation Agency (AHPRA) and complaints referred to the newly created Paramedicine Board, aiming to ensure the safety of the public from fake paramedics. Up until now there was no national standard for registration.

• Risk of death is more than a ‘blemish’

  28th Jun 2018

  Queensland's workers’ compensation legislation supports workers who have been injured at work to get back on their feet, regardless of the cause of their injury. The exception to this is in relation to psychiatric injuries, in which case support can be denied in the event that an injury is caused by ‘reasonable management action’. Michelle Wright explores a recent case in which Industrial Commissioner Black has acted to limit the 'reasonable management action' exception.

• Personal Injuries Proceedings Act 2002 (Qld) health claims, s9 or s9A?

  30th Nov 2017

  Confusion can arise as to the application of s9 and s9A of the Personal Injuries Proceedings Act 2002 (Qld).

• The Queensland state election and personal injury entitlements

  9th Nov 2017

  Michelle Wright investigates the impact the Queensland election may have on the rights of injured people to seek compensation.

• Implications of the NDIS on personal injury compensation

  14th Sep 2017

  The purpose of this article is to alert lawyers practising in the personal injury field to the implications of the introduction of the NDIS on clients entitled to receive compensation for their injuries. 

• Orthopaedic eponyms

  31st Aug 2017

  This glossary explains some of the more commonly used eponyms to help those outside the medical profession better understand medical reports.

• The path of destruction runs deep

  27th Jul 2017

  Queensland residents have certainly experienced their fair share of natural disasters. It is important that we give consideration to how the law can provide clarity and security to those affected.

• The language of the law

  20th Jul 2017

  Lawyers are very analytical and very specific in their use of terminology. They choose their terms carefully and interpret them precisely. While such precision may seem to be a curious and even humorous idiosyncrasy to the lay-person, it can have a devastating effect on those seeking access to justice.

   

• Connellan v Murphy [2017] VSCA 116

  15th Jun 2017

  This recent Supreme Court of Victoria Court of Appeal decision permanently stayed proceedings relating to the alleged sexual assault of a minor in 1968.

• Nervous shock & psychiatric claims after the loss of a child

  16th Feb 2017

  The law in Australia as it currently stands has the capacity to compound a parent’s grief in such circumstances and generate more than justified contempt towards the legal system. Particularly given the widely accepted view across the community would be that entitlement to compensation in such horrific circumstances would be considered both reasonable and appropriate.

• Interim ban on ethanol burners after a spate of accidents & injuries

  9th Feb 2017

  In late 2016 there were a number of announcements about the interim, 60-day, banning of ethanol burners in Queensland, and across other states and territories. The bans followed 38 incidents in Queensland and 117 in total across Australia since 2010.

• The first interview with injured clients

  19th Jan 2017

  I’ve interviewed thousands of injured clients, some with minor injuries, and others with the worst injuries imaginable. Every interview is different.

• How is the PI compensation process affecting your client’s recovery?

  12th Jan 2017

  The experience of a long, complex and at times adversarial legal process pursuing personal injury (PI) compensation with the need for multiple health assessments and delays in receiving funds has been shown to increase stress and recovery time for injured people.

• Growing Young PI Lawyers

  22nd Apr 2016

  To this day, it is still my very strong view that this form of entry into the profession (via an extended period of practical on the job training) is by far the best for the student. Such an option offers the best of both worlds: practical experience in personal injury practices, and expert academic tuition at one of our law faculties.

• Kerry Splatt named ALA Queensland 2016 Civil Justice Award Winner

  12th Feb 2016

  A solicitor who has been a passionate advocate for injured workers and defender of common law rights for decades has been declared the winner of the Australian Lawyers Alliance (ALA) Queensland Civil Justice Award.