The corresponding duties of motor vehicle drivers and sport/recreational clubs for child pedestrians was reviewed recently in Fitzgerald v. Hill and Suncorp Metway & Ors (2007) QSC 228. This case is of particular significance to schools, sporting clubs and associations because the Court held the sports club equally responsible for the injuries sustained by a child pedestrian in its care, notwithstanding the motor vehicle driver’s actions being the most immediate cause of the accident giving rise to the child’s injuries.

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In a recent decision of the Industrial Court of Queensland (Court), the Court was asked to decide whether Managements failure to take any action against a bullying employee, could be construed as ‘reasonable management action’ in accordance with the Workers Compensation and Rehabilitation Act 2003 (Act). The Court found that, in the circumstances, management’s actions in not responding or acting on repeated complaints of bullying and harassment made by an employee who ultimately suffered a psychiatric condition, did amount to reasonable management action taken in a reasonable way and in doing so, prevented the employee from accessing workers compensation benefits in accordance with the Act.

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The Queensland Court of Appeal has found that a Claimant was required to comply with an insurer’s request for information under s 45 Motor Accident Insurance Act 1994 (Qld) (the Act) even though legal proceedings had already been issued.

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