Case Background Sophie Tsiaras filed a lawsuit against SPI Management Pty Ltd, alleging that she sustained injuries due to negligence on the part of SPI Management. The incident occurred shortly after midnight on New Year’s Eve 2018 at Stars International Reception and Function Centre, a venue managed by the defendant. Tsiaras claimed that her feet …
Author: inna.hall
McEwan v Comcare: A Landmark Case in Australian Personal Injury Law
Introduction McEwan v Comcare [2023] FCA 447 is a pivotal case in Australian personal injury law, primarily involving worker’s compensation. The case was adjudicated in the Federal Court of Australia, and the final judgement was issued on 11 May 2023. Parties and Legislation The parties in the case were the applicant, James McEwan, and …
Jenkins v Secretary of the Ministry of Health on Behalf of Nepean Blue Mountains Local Health District [2023] NSWIRComm 1045 (12 May 2023)
Introduction This case concerns Kevin Jenkins, a former wardsperson with the Nepean Blue Mountains Local Health District (the Respondent), who sought reinstatement of his position after a workplace injury led to his dismissal. This case highlights the importance of the Workers Compensation Act 1987 (NSW) (WC Act), particularly Part 8, which allows an injured …
Stone v Transport Accident Commission [2023] VCC 656 (1 May 2023)
Last Updated: 1 May 2023 IN THE COUNTY COURT OF VICTORIA AT MELBOURNE COMMON LAW DIVISION Revised Not Restricted Suitable for Publication SERIOUS INJURY LIST Case No. CI-21-01054 KIM MAREE STONE Plaintiff v TRANSPORT ACCIDENT COMMISSION Defendant — JUDGE: HER HONOUR JUDGE K L BOURKE WHERE HELD: Melbourne DATE OF …
Stojcevska v DL070912 Pty Ltd (Formerly known as Darrell Lea Chocolate Shops Pty Ltd) – Workers Compensation Claim
Introduction This case revolves around a workers compensation claim made by Rosa (Ruza) Stojcevska against her former employer, DL070912 Pty Ltd (previously Darrell Lea Chocolate Shops Pty Ltd). Claim Details The claimant, Rosa Stojcevska, alleges she sustained injuries to her cervical spine, lumbar spine, and both upper extremities, along with consequential conditions to her …
Chen by Her Tutor Huang V Kmart Australia Ltd [2023] NSWCA 96
Introduction: The recent Court of Appeal decision in Chen by her tutor Huang v Kmart Australia Ltd [2023] NSWCA 96 sheds light on the assessment of damages in personal injury cases, particularly regarding non-economic loss and loss of earning capacity. This landmark ruling emphasizes the significance of expert opinions and the need to consider both …