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  1. Unsuccessful appeal on wrongful birth claim - despite hospital’s breach of duty

    16 March 2020 | Insurance & Health Law

    The parents of a severely disabled twin were unsuccessful on appeal in establishing that if they had been informed of her condition in time, they would have been able to terminate the pregnancy and not incurred the substantial costs associated with her...

  2. Imperfect plaintiff found credible: Spencer v Downie and Anor [2019] QSC 98

    25 June 2019 | Insurance & Health Law
    Tags CTP

    On 21 February 2013, the first defendant, Noel Downie, was travelling in his truck (prime mover with trailer) along the Burnett Highway. The plaintiff, Chris Spencer, was on a Yamaha motorbike travelling behind the truck. The plaintiff’s version was...

  3. Contributory negligence – a tale of two intoxicated plaintiffs

    15 March 2019 | Insurance & Health Law
    Tags CTP

    Under the Civil Liability Act 2003 (Qld) there is a presumption that if a plaintiff is intoxicated, they contributed to their own injuries (known as contributory negligence). The concept of contributory negligence has been incorporated into legislation in...

  4. WHODUNIT? The mystery surrounding a green truck, a rock and a knee injury!

    4 February 2019 | Insurance & Health Law

    On 25 November 2014 at around 6:20am, Glenn Garside (the plaintiff) was hit by a rock-like object (the rock) while he was riding his motorbike on a highway in Emerald, Queensland. He alleged that the rock flew off the top of a JJ Richards truck, bounced...