Tag: Common Law
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In Hegarty v Queensland Ambulance Service [2007] QCA 366, a paramedic developed psychiatric injuries after exposure to numerous traumatic events at work. The Court of Appeal allowed the State’s appeal, dismissing the employee’s actions, concluding it was difficult for supervisors to recognise his psychological distress despite training.
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In Royall v The Queen (1991) 172 CLR 378, the High Court upheld Royall’s murder conviction. Royall’s actions were the “substantial or significant cause” of the victim’s response of jumping to her death, maintaining the chain of causation.
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In Amaca Pty Ltd v Ellis [2010] HCA 5, the High Court determined that asbestos exposure was not a probable cause of a long-term smoker’s lung cancer—it was incorrect of the trial judge to assess causation by reference to the cumulative asbestos exposure over successive employment periods.
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In Amstad v Brisbane City Council (No 1) [1968] Qd R 344, a council employee entered the premises of the plaintiff, contrary to the council ordinances. It was held that entry upon the land could not be justified by any implied license.
