The Personal Injury Lawyers


News, articles and useful guides on compensation


Personal Injury News, Articles & Useful Guides On Compensation

For over 34 years we have won claims on behalf of clients. So we thought it prudent to gathering some of those extensive details about claims, legal developments, interesting and relevant articles, guides and more, all in to one place. Some of the articles are very comprehensive and dense, you can search above or view by each posts tags to find out more. Got a question? Contact us and we'll be glad to help you and clarify anything you need.

Client awarded costs on basis of The Personal Injury Lawyers precedent decision

In WorkCover common law claims, there are significant restrictions on costs that can be recovered by a worker. However, the Court has been interpreting the provisions of the Workers' Compensation & Rehabilitation Act 2003 ("WCRA"), to allow workers to achieve costs where they are successful in applications brought to enforce their entitlements to claim common law damages.

We previously reported The Personal Injury Lawyers successful decision of Brown v Marine Contracting Pty Ltd, where his Honour awarded costs for the Plaintiff in his application to bring his claim against his employer out of time (outside the 3 year limitation period).  His Honour awarded the costs on the basis that the application was brought before litigation, and only litigated proceedings fell within the costs restrictions under the WCRA.

This decision has been further affirmed by the Supreme Court in the matter of Ley v Woolworths 2 (2013) QSC 193. In that case, His Honour held that the Respondent (Woolworths) had to meet the worker's costs of his application to enforce Woolworths to meet its obligations under the WCRA. Mr Ley was successful in his application for a declaration stating that he was entitled to claim common law damages under the WCRA.

His Honour, Justice North, considered that the provision limiting costs in interlocutory applications only applies to applications made within litigated proceedings.  In making his determination, His Honour followed the reasoning of His Honour Justice Peter Lyons J in Kidd v Toll North (2012) QSC 220 and The Personal Injury Lawyers’ precedent decision, Brown v Marine Contracting Pty Ltd & Ors (No 2) (2012) QSC 345.

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If you have experienced injury or illness from a motor vehicle accident, a workplace incident, or from an accident in a public place, chat with us online or on your mobile, email or call us free and we can assess your claimOur professional team of personal injury lawyers are always ready to have a chat about your situation.