An overview of gratuitous care claims and Queensland how legislation has amended the common law rules.
Read MoreThe NSW District Court awarded damages for injuries sustained by a mother when an umbrella fell on her at a council pool while watching her children swim. The Court did not award past care despite supporting evidence , as the plaintiff had failed to particularise this in the Statement of Particulars. The Court did, however, allow future care as paid care, on evidence that her gratuitous carers were struggling to provide that care.
Read MoreThe plaintiff in this matter had a poor earning history, pre-existing injuries and was still able to claim past and future economic loss based on her having found her calling. Along with economic loss, the judge awarded 13.56% for future super and emphasised the need for damages to follow the evidence led.
Read MoreThe New South Wales Court of Appeal recently upheld a decision of the New South Wales District Court in which an award of commercial domestic assistance (or paid care) was allowed for care that had been performed gratuitously.
Read MoreIn the matter of Allen v O’Donnell & Anor [2021] QSC 63, the court entered into length consideration of the appropriate awards of damages after Mr Allen was injured in an MVA. The court gave considerable through to the appropriate ISV of each injury in order to assess the appropriate uplift to the dominant injury and the overall general damages.
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