Category: Injury Compensation Law

News

POSTED: 10 Apr 2018
A woman, who was injured when her trolley hit her shin as she was trying to go through the entry gates at Aldi, and successfully sued Aldi at first instance, has now been unsuccessful on appeal.
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News

POSTED: 03 Apr 2018
The Federal Court held that Heinz represented that three of its Little Kids SHREDZ fruit products were beneficial to the health of toddlers (aged 1–3 years) when the products were not beneficial to toddlers’ health due to high sugar content and sticky texture: ACCC v H J Heinz Company Australia Limited (2018) ATPR 42-588; [2018] FCA 360 at [315].By doing so, Heinz engaged in misleading or deceptive conduct in contravention of s 18 of the Australian Consumer Law (ACL) and made a false or misleading representation that the products had benefits in contravention of s 29(1)(g) of the ACL: [315], [275].
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News

POSTED: 20 Mar 2018
On 12 August 2014, Louisa Dow was driving home from work. Her vehicle was stationary in a slip lane for traffic turning when Mahmoud Elbarbary’s vehicle collided with the rear of her vehicle. The impact was not a major impact and Ms Dow sustained a whiplash injury.Ms Dow commenced proceedings against Mr Elbarbary in the Supreme Court of the Australian Capital Territory, in negligence and claimed damages. Liability for the accident was admitted and the matter proceeded to a hearing as to damages only.Ms Dow claimed that she suffered musculoligamentous injury, anxiety about traveling in cars, and other psychological sequelae of the accident. Mr Elbarbary argued that Ms Dow recovered within, at most, six months of the accident.
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News

POSTED: 13 Mar 2018
On 19 November 2013, Janette Stewart underwent surgery at Port Macquarie Private Hospital to remove a mass found on her left kidney. During the course of the operation, ligaclips were applied to the right renal artery. Ms Stewart alleged that the renal surgeon failed to remove the ligaclips after surgery. As a result, Ms Stewart has no effective kidney function and relies on dialysis for the rest of her life.Ms Stewart commenced proceedings against the renal surgeon, in negligence and claimed damages. She made an interlocutory application pursuant to s 82 of the Civil Procedure Act 2005 (NSW), that the renal surgeon pay the sum of $100,000 as an interim payment of the damages sought, to cover the cost of...
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News

POSTED: 15 Dec 2017
Mr Whittingham, the Applicant, severely injured his back, right shoulder and ribs, whilst at his work Christmas party in 2008.
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