Plaintiff / Applicant

R v. Barro Group Pty Ltd [2009 VCC 1623] Judge Coish 30 November 2009 Catchwords: OCCUPATIONAL HEALTH & SAFETY - Fail to provide a safe system of work - Fail to make arrangements in connection with the use of plant - Fail to provide adequate instruction, training or supervision View Full Text

Chapman v Plenty Views Pty Ltd, Di Carlo and Di Carlo [2009 VCC 1271] Judge O'Neill 16 October 2009 Catchwords: Nuisance caused by golf balls struck from golf driving range – relief sought as injunction and damages. View Full Text

Plaintiff / Applicant

Bartlett, Carrollyn v Balkin, Anthony Shane [2009] VCC 1771 Judge Misso 06 November 2009 Catchwords: COMMERCIAL - TESTATOR'S FAMILY MAINTENANCE – Application by a daughter of the deceased – No provision made by the deceased – Small estate – Whether any provision should be made: Administration and Probate Act 1958, section 91(1), (3) and (4). View Full Text

Berry, Joanne May v Ballarat Health Services & VWA [2009] VCC 1786 Judge Saccardo 03 December 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB - Serious injury - Effect of aggravation of underlying condition - Application in respect of pain and suffering consequences. View Full Text

Burgess, Sandra v Gillies Bros Pty Ltd & VWA [2009] VCC 1767 Judge Misso 19 November 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB - Whether the consequences produced by an injury to the plaintiff’s lower back were at least very considerable. View Full Text

Byrne, Lorraine v Transport Accident Commission [2009] VCC 1783 Judge Saccardo 18 December 2009 Catchwords: ACCIDENT COMPENSATION - Application pursuant to s.93(17) Transport Accident Act 1986 – Injury to the cervical spine – Aggravation of pre-existing asymptomatic condition – Whether impairment satisfies the criteria of being at least very considerable and certainly more than significant or marked. View Full Text

Campbell, Alan Douglas v St John's Regional College Dandenong & VWA [2009] VCC 1779 Judge O'Neill 16 December 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB - Late onset Post-traumatic Stress Disorder – Whether consequences to plaintiff “severe”. View Full Text

Carrie, Grant v Herald Roofing Pty Ltd [2009] VCC 1563 Judge O'Neill 15 December 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB - Leave to commence proceedings – Time bar – Serious injury – Cause of action arising before 12 November 1997 – Knowledge of serious injury incapacity View Full Text

Casagrande, Shane v Refgo Pty Ltd & VWA [2009] VCC 1758 Judge K. Bourke 30 November 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - Injury to the lumbar spine – Worker aged under twenty six – Loss of earning capacity – Pain and suffering. View Full Text

Christensen, Robert Lee v Victorian WorkCover Authority & Castle Bacon Pty Ltd [2009] VCC 1768 Judge Misso 27 November 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB(38)(c) - Plaintiff suffered a compensable injury to his lower back – Whether medical treatment for the compensable injury produced an abscess in his lower back requiring spinal surgery – Causation – Whether the plaintiff had suffered an impairment of the function of his lower back producing consequences which were very considerable – Whether the plaintiff's use of illicit drugs and abuse of prescription drugs produced consequences similar or the same to those he alleged were caused by the impairment of function of his lower back. View Full Text

Damianopoulos, Dimitra v Tsoulakis, Pericles [2009] VCC 1619 Judge Davis 21 December 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB(16)(b) - s5 - s8 – Whether plaintiff a “worker” - Pain and suffering – Psychological injury sustained during assault while plaintiff working as a cleaner View Full Text

Dimoulas, Georgina v Transport Accident Commission [2009] VCC 1780 Judge O'Neill 27 November 2009 Catchwords: ACCIDENT COMPENSATION - Serious Injury Application – Transport Accident Act 1986 – s93 - Whether consequences “very considerable” – Disentangling consequences of cervical spine injury and shoulder injury. View Full Text

Dior, Juston v Sean, Jininna & G I Group Pty Ltd & Sun, Fang Ju [2009] VCC 1775 Judge Misso 30 October 2009 Catchwords: PROPERTY LAW – Application for adjustment of property interests under Part IX of the Property Law Act 1958 – Whether the plaintiff and the first defendant were in a domestic relationship – Assessment of contributions – Financial and non–financial contributions – Purchase of a property subsequently registered in the name of the second defendant – Purchase of a further property subsequently registered the name of the plaintiff and the third defendant as tenants in common – Contributions made by the plaintiff to the purchase of those properties – Whether the second defendant and the third defendant held the plaintiff's interests in the properties on a constructive trust. View Full Text

Dykes, Kelvin v Roads Corporation [2009] VCC 1415 Judge O'Neill 11 December 2009 Catchwords: ACCIDENT COMPENSATION - TRANSPORT ACCIDENT – Whether road signs and road markings designed and installed by defendant misleading – Driver of vehicle in thick fog mistakenly turns onto side road believing it to be freeway entrance, striking a tree and suffering serious injury - Nature and extent of duty owed by defendant – Whether breach of that duty – Whether breach causative – Contributory negligence of driver in driving too fast in the circumstances and failing to pay adequate heed to road signs. View Full Text

Fatouros, Harry v State of Victoria (Department of Education) [2009] VCC 1761 Judge K. Bourke 04 December 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - Psychiatric impairment – Pain and suffering – Loss of earning capacity. View Full Text

Furlong, Peter v Transport Consolidated Services Pty Ltd & VAC [2009] VCC 1760 Judge K. Bourke 03 December 2009 Catchwords: ACCIDENT COMPENSATION - Transport Accident Act 1986 – s93 – Serious injury – Impairment to the cervical spine. View Full Text

Garley, David v Convenience Foods Pty Ltd [2009] VCC 1784 Judge Saccardo 14 December 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - Serious Injury Application – Assessing physical and psychiatric consequences of injury – Application in respect of pain and suffering and pecuniary loss. View Full Text

George, Brett v Adecco Industrial Pty Ltd [2009] VCC 1776 Judge Misso 11 December 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB (38) (c) and (d) - Whether the consequences of an injury to the right wrist produced an impairment of the function of the right wrist and arm with consequences which were at the least very considerable in terms of pain and suffering and loss of earning capacity – Whether a secondary psychiatric injury produced an impairment with consequences which were severe in terms of pain and suffering and loss of earning capacity: View Full Text

Golder, Narell v Transport Accident Commission [2009] VCC 1762 Judge K. Bourke 14 December 2009 Catchwords: ACCIDENT COMPENSATION - Transport Accident Act 1986 - s93 - Serious injury - Impairment to the cervical spine. View Full Text

Grahan, Denis Marianne v Specialty Fashion Group Ltd [2009] VCC 1785 Judge Saccardo 19 November 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - Serious injury – Application in respect of pain and suffering consequences of injury. View Full Text

Hunter, Christopher v Original Foods Pty Ltd & Anor [2009] VCC 1638 Judge Davis 21 December 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB(16) - Serious Injury Application - Pain and Suffering – Permanent serious impairment or loss of a body function – Injury to the lumbar spine View Full Text

Kleintz, Bernadette v Eathorn & Wan Pty Ltd [2009] VCC 1781 Judge O'Neill 26 November 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AG - s135BA - Entitlement of solicitors for a worker to legal costs pursuant to WorkCover Legal Costs Order 2006 View Full Text

Krueger, Najah v TAC [2009] VCC 1764 Judge K. Bourke 16 November 2009 Catchwords: ACCIDENT COMPENSATION - Transport Accident Act 1986 - s93 - Serious injury - Impairment of the lumbar spine - Impairment of the cervical spine - Chronic pain syndrome - Post traumatic stress disorder - Psychiatric impairment. View Full Text

Ladas, Eva v Transport Accident Commission [2009] VCC 1759 Judge K. Bourke 11 December 2009 Catchwords: ACCIDENT COMPENSATION - Transport Accident Act 1986 - s93 - Serious injury - Impairment to the lumbar spine. View Full Text

McDonald, Sean v M J & A L Percy Transport Pty Ltd [2009] VCC 1782 Judge O'Neill 23 October 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB - Fracture injury to left arm – Development of complex regional pain syndrome type 1 physical, alternatively psychological injury – Pain and suffering and economic loss. View Full Text

Marcantonio, Franco v P & M doherty Pty Ltd & VWA [2009] VCC 1769 Judge Misso 27 November 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB(38)(c) - Whether an injury to the plaintiff’s left thumb and index finger resulted in an impairment of the plaintiff’s left hand which produced consequences which were at least very considerable. View Full Text

Martin, Norman v Mountakis Freshway Pty Ltd & VWA [2009] VCC 1763 Judge K. Bourke 15 December 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - Injury to the left wrist – Pain and suffering only – Whether consequences to the plaintiff are serious. View Full Text

Nicholson, Stanton v Olex Australia Pty Ltd & VWA [2009] VCC 1774 Judge Misso 19 November 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s34AB (37)(a) and (38)(c), (g) and (h) - Whether an injury suffered by the plaintiff to his right shoulder was productive of consequences in terms of pain and suffering and loss of enjoyment of life which were at the least very considerable – Whether the consequences were contributed to by a secondary psychiatric condition – The need for disentangling – Whether the plaintiff had a residual capacity for work which he could exercise in suitable employment. View Full Text

Ozunlu, Azmi v Toyota Motor Corporation Pty Ltd [2009] VCC 1765 Judge Kings 18 December 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - Serious Injury application – Mental disorder – Whether pain and suffering consequences severe – Whether loss of earning capacity attains 40 per cent level. View Full Text

Pola, Leoni Wendy v Cuming, Ian David [2009] VCC 1766 Judge McInerney 23 December 2009 Catchwords: COMMERCIAL - Strong domestic relationship over thirteen years – Contribution to deceased’s welfare – Deceased had responsibility to provide for plaintiff – Plaintiff with very limited financial resources and suffering dementia – Inadequate provision made for plaintiff – Order that provision be made – Gillies v Executors of the Will of Geoffrey George Sitch (decd) [2005] VSC 308; Grey v Harrison [1997] 2 VR 359; Blore v Lang (1960) 104 CLR 124. View Full Text

Pontikides, Peter v P & O Ports Pty Ltd & Anor [2009] VCC 1651 Judge Davis 21 December 2009 Catchwords: COSTS – Application by Plaintiff for certification of counsel’s fees after dismissal of proceeding – Whether court functus officio View Full Text

Rahim, Charles v Seven Network Ltd & Ors (Ruling) [2009] VCC 1770 Judge Misso 06 November 2009 Catchwords: DEFAMATION – Pleading – Fair comment – Whether the defendants had pleaded the facts supporting the defence of fair comment. View Full Text

Risvanis, Konstantinos v Visypak Operations Pty Ltd [2009] VCC 1647 Judge Davis 21 December 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB(16)(b) - Serious injury application – Pain and Suffering – Permanent serious impairment or loss of a body function – Injury to the lumbar spine View Full Text

Shackles, Linton Peter v The Pasta Master Pty Ltd & VWA [2009] VCC 1772 Judge Misso 06 November 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB (38) (c) and (h) - Whether the plaintiff suffered an aggravation of pre-existing injury to his right shoulder – Whether the aggravation amounted to a compensable injury – Whether the consequences of the aggravation met the statutory test for loss of earning capacity – Necessity to consider pain and suffering upon finding that the plaintiff met the statutory test for loss of earning capacity – Disentangling. View Full Text

Varga, Joseph v Inter Industrial Services Pty Ltd [2009] VCC 1778 Judge O'Neill 18 December 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB - Injury to lower spine in course of employment – Aggravation of underlying degenerative disease – Whether consequences “very considerable”. View Full Text

Watson v Watson [2009] VCC 1773 Judge Misso 11 November 2009 Catchwords: COMMERCIAL - TESTATOR'S FAMILY MAINTENANCE – Application by adult son and application by the widow of the deceased – Whether testator had made provision for the proper maintenance and support of his son and widow: s91(1), (3) and (4) Administration and Probate Act 1958 View Full Text

Watson, Sharon Louise v Cameron, Anthony Scott [2009] VCC 1777 Judge O'Neill 11 December 2009 Catchwords: COMMERCIAL - Domestic relationship - application for adjustment of property rights pursuant to Chapter 3, Relationships Act 2008 – whether relationship agreement – financial and non-financial contributions of parties during the course of five-year domestic relationship. View Full Text

CRIMINAL

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County Court
250 William Street, Melbourne VICTORIA 3000 (DX 290078 Melbourne)
Phone No: +61 3 8636 6510

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