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‘Karen’ ordered to pay almost $30,000 for defaming vet online

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This era of high dissatisfaction and overblown outrage has witnessed the rise of ‘Karens’. They are easily offended, difficult to deal with, frequently want to complain to the manager, and know the price of everything and the value of nothing. They won’t let pesky facts stand in the way of their opinions, because they are always right, even when they are wrong.

In this case, a Karen’s nasty and factually inaccurate online campaign against a veterinary surgeon and his practice has backfired, resulting in her being ordered to pay damages with interest, as well as having an injunction imposed against her from making similar smears. But right to the end in true Karen fashion she never admitted that she had overreacted, let alone that she had done anything wrong.

the bitch
the Albion Karen

 

THE FACTS

The initial dispute

On 4 October 2014, Carrie ‘Karen’ Curtis (then Barlow) attended the Albion Vet practice with her dog, who required treatment after being attacked by two other dogs. Her dog was provided treatment by Albion Vet, including sedation, pain relief, cleaning and suturing wounds and dispensing of post-operative antibiotics. She was charged $427 for these services and was provided with a tax invoice for the fees and charges.
Continue reading “‘Karen’ ordered to pay almost $30,000 for defaming vet online”

The law of lawyers bills in Queensland

Posted on Categories civil litigation, Legal profession, litigation, Professional feesTags , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 3 Comments on The law of lawyers bills in Queensland

resource

Introduction

For a very long time in Commonwealth legal systems, the legal profession has been regulated for the benefit of clients of lawyers and the public at large. Among other things, there has been a recognised public interest in protecting those liable to pay legal fees from overcharging by lawyers. One of those protections is and has been the legal requirement for a bill to be provided so that the client can seek advice on the fees and charges.

As a result, one of the many modern obligations that lawyers in English legal systems have to comply with in the course of legal practice is to provide clients and any other persons liable for their fees with proper bills before such persons can be liable for or sued for such fees. Continue reading “The law of lawyers bills in Queensland”

Bangalow lawyer Owen Hughes successfully sued for sexual harassment

Posted on Categories civil litigation, Industrial relations, Professional disciplineTags , , , , , , , , , , , , 2 Comments on Bangalow lawyer Owen Hughes successfully sued for sexual harassment

A Bangalow solicitor’s sexual harassment of a single mum who worked for him has proven to be costly, and may well end his legal career.

Hughes

This blog had previously reported on the Owen Hughes sexual harassment case brought by a former employee of his law practice.

The facts

Junior/trainee solicitor Catherine Mia Hill began working with Owen Hughes’ Bangalow based law firm Beesley and Hughes Lawyers in May 2015. The evidence showed that that he thought Hill was attractive, wanted to be in a relationship with her and that he communicated that to her.  Hughes offered to represent her in a mediation for her own family law matter, and she agreed. Continue reading “Bangalow lawyer Owen Hughes successfully sued for sexual harassment”

Claimant loses injury case for being out of contact to his solicitors

Posted on Categories civil litigation, Personal InjuryTags , , , , , , 2 Comments on Claimant loses injury case for being out of contact to his solicitors

car accident

The facts

The Claimant Warren Jonathan was injured in a motor vehicle accident on 4 August 2012. He subsequently through his solicitors sent to the CTP insurer RACQ a Notice of Accident Claim form under the Motor Accident Insurance Act 1994. The insurer confirmed that the form was compliant with Motor Accident Insurance Act  requirements and later admitted liability in full for the accident. Continue reading “Claimant loses injury case for being out of contact to his solicitors”

Judge McGill SC goes out in a blaze of glory in appeal decision

Posted on Categories civil litigation, JudiciaryTags , , , , 2 Comments on Judge McGill SC goes out in a blaze of glory in appeal decision

Judge John McGill SC has been a stalwart of the District Court for over 20 years. His final judgment, an appeal against a decision of Magistrate Suzette Coates, has made him leave the bench with a bang and not a whimper.

Judge John McGill SC

Those who are familiar with civil litigation in the Magistrates Court know that it is an unfortunate reality that occasionally litigants will receive “rough justice”. This is often due to the lack of knowledge of civil litigation and/or the flippant attitudes of some Magistrates. This observation in no way is intended to criticise the vast majority of Queensland Magistrates, who are conscientious and serve their state well. Continue reading “Judge McGill SC goes out in a blaze of glory in appeal decision”

Israel Folau settles claim with Rugby Australia

Posted on Categories civil litigation, Industrial relations, Liberty, litigation, Unfair dismissalTags , , , , , , , , , , , Leave a comment on Israel Folau settles claim with Rugby Australia

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Following a marathon mediation, former Wallabies star Israel Folau and Rugby Australia have settled their dispute over the termination of Folau’s employment with Rugby Australia after he made controversial comments on Twitter about homosexuality.

The case was notable and of political significance because it highlighted the tensions between the rights of employers to dismiss workers to preserve their own reputational interests, freedom of religion, and employees being able to publicly express their own opinions outside of work. Continue reading “Israel Folau settles claim with Rugby Australia”

Sterling Law sets leading precedent on itemised bills

Posted on Categories civil litigation, Legal profession, litigation, Professional feesTags , , , , , , , , , , , , , , 2 Comments on Sterling Law sets leading precedent on itemised bills

With its latest big win, Sterling Law is establishing its place as an elite Queensland litigation firm, and a force to be reckoned with.

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The facts

When Joanne Murdock deliberately remained uncontactable to her solicitors for an extended period of time, she received a bill from them for all the work they had done for her.

The bill set out the charges item by item, particularising the date, the time spent and the person who performed the work, but for most items only provided very concise descriptions of the work performed. Examples later complained of included “attendance with you”, and “telephone attendance with you”. Continue reading “Sterling Law sets leading precedent on itemised bills”

Mark Latham to not lead evidence in defamation trial

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Former Labor leader Mark Latham will file no evidence in his defence of a defamation claim by former Greens candidate and political journalist Osman Faruqi.

Mark Latham

The Facts

Osman Faruqi, the son of Greens senator Mehreen Faruqi, is suing Mark Latham over a video.

Faruqi had earlier shared on his Twitter, speaking to Yassmin Abdel-Magied:

“The white people are getting f..ked Yas, it’s happening.”

Latham in August, 2017 said of Mr Faruqi in his Outsiders video program:

“These people are fermenting (sic) hatred of white people,” he said, according to a transcript of the show supplied to the Federal Court. “As such, they are effectively encouraging terrorists in this political environment to do their worst.”

The video was viewed more than 30,000 times, according to Mr Faruqi.

Federal Court case

Faruqi has argued Mr Latham’s comments made him out to be someone who “knowingly assists terrorist fanatics who want to kill innocent people” and “condones the murder of innocent people”.

Latham has elected not to file any evidence in chief in defence of Faruqi’s claim against him.

This morning, Justice Wigney set the matter down for a mediation, as well as a 2 day trial on 11-12 April 2019 if the matter is not resolved at mediation.

Time extension refused for runaway injury Claimant

Posted on Categories civil litigation, Personal InjuryTags , , , , , Leave a comment on Time extension refused for runaway injury Claimant

A 2015 District Court case has demonstrated how important it is to ensure that your solicitors have your current contact details and are able to contact you to obtain your instructions. The Claimant’s failure to do so in that case resulted in him losing the right to pursue his claim.

car crash
The facts

The Claimant was injured in a motor vehicle accident on 4 August 2012. He subsequently sent to the insurer a Notice of Accident Claim form. The insurer confirmed that the form was compliant and later admitted liability in full for the accident.

In about March 2013, the Claimant lost contact with his solicitors and did not contact them again until 29 July 2015. There was evidence later adduced in the Court of Appeal that he may have been avoiding the authorities as a result of a suspected arson.

The Claimant applied to the District Court for leave (special permission) to extend the time for bringing his claim in a court so that he would have time to comply with the legislative pre-proceeding requirements.

The law

Section 11(1) of the Limitation of Actions Act 1974 provides that:

“an action for damages for negligence, trespass, nuisance or breach of duty (whether the duty exists by virtue of a contract or a provision made by or under a statute or independently of a contract or such provision) in which damages claimed by the plaintiff consist of or include damages in respect of personal injury to any person… shall not be brought after the expiration of 3 years from the date on which the cause of action arose.”

However, the Claimant also had to comply with pre-proceeding steps provided by the Motor Accident Insurance Act 1994 prior to commencing his claim, including cooperating with the insurer, making himself available for independent medical examinations and attempting to resolve the claim by compulsory conference before his claim for damages could be filed in court.

Section 57 of the Motor Accident Insurance Act 1994 provides as follows:

“(1) If notice of a motor vehicle accident claim is given under division 3, or an application for leave to bring a proceeding based on a motor vehicle accident claim is made under division 3, before the end of the period of limitation applying to the claim, the claimant may bring a proceeding in court based on the claim even though the period of limitation has ended.

“(2) However, the proceeding may only be brought after the end of the period of limitation if it is brought within—

(a) 6 months after the notice is given or leave to bring the proceeding is granted; or

(b) a longer period allowed by the court.”

The decision

The District Court dismissed the application to extend the time for the following reasons:

  • 1. The Claimant’s failure to comply with his pre-proceeding obligations had been caused by his decision to not make contact with his solicitors
  • 2. The insurer may have been prejudiced by the Claimant’s long absence, because if his condition had improved or worsened it would now not be able to verify when this may have occurred
  • 3. The Court found that the Claimant probably had been advised of the three year time limit for filing his claim, and therefore would have been aware of the potential consequences of his long absence.

 

The result of the District Court’s decision was that the Claimant missed the time limit and his claim was statute barred. This decision was upheld on appeal. As a result, the Claimant lost his right to pursue the claim. Costs were awarded against him in the District Court and the Court of Appeal.

Conclusion

This is an important case concerning a Claimant’s responsibilities and obligations in respect of his or her own claim.

This case provides a salutary lesson in terms of the following:

  1. 1. The need to be contactable by your solicitors throughout your claim
  2. 2. The need to avoid any undue delay of your claim
  3. 3. The importance of observing the three year time limit and being proactive where possible in avoiding the need to apply to Court to extend the time limit .

 

Personal injury claims are serious matters and must be taken seriously. In particular, it is extremely important for a Claimant to comply with their obligations at law, as failing to do so may jeopardise their claim.

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