Category Archives: Uncategorized

Alleged Bourke Street killer Gargasoulas to stand trial

Two psychiatrists and a psychologist gave evidence at a Victorian Supreme Court hearing to determine Gargasoulas’ current mental state and his fitness to stand trial.

All three experts agreed that Gargasoulas was suffering from paranoid schizophrenia and delusions. Forensic psychiatrists Andrew Carroll and Lester Walton opined that Gargasoulas could not enter a plea, give instructions to his lawyers or understand the substantial effect of the evidence. However, Michael Daffern, a psychologist was of the view that Gargasoulas was fit.

 

Read more here: https://sterlinglawqld.com/alleged-bourke-street-killer-to-stand-trial/

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QLD Criminal lawyers accused of criminality

Some high profile Queensland criminal defence lawyers are being accused of serious fraud offences.

 

Read more here: https://sterlinglawqld.com/qld-criminal-lawyers-accused-of-criminality/

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Time extension refused for runaway injury Claimant

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.

Read more here:

https://sterlinglawqld.com/time-extension-refused-for-runaway-injury-claimant/

#personalinjury

#CourtofAppeal

#District Court

 

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Alan Jones, 2GB and 4BC ordered to pay Wagners for defamation

The four Plaintiffs in this matter were brothers from Toowoomba known as ‘the Wagners’. Through Wagner Investments Pty Ltd, they had purchased a quarry at Grantham in November 1998 which they later sold on 8 December 2011.

The Wagners also owned a large parcel of land (310 hectares) at Toowoomba Cecil Plains Road, Wellcamp and had constructed Toowoomba Airport on that land.

On 10 January 2011, significant flooding occurred in the Lockyer Valley which resulted in 12 people, including young children being drowned.

The second defendant was Alan Jones, a famous radio broadcaster. On radio stations 2GB and 4BC, Jones made a number of broadcasts which alleged among other things that the Wagners were responsible for the 12 deaths in the Lockyer Valley and that they had engaged in a high level cover up to conceal their culpability. The Wagners sued Jones, 2GB, 4BC and journalist Nick Cater for defamation.

Read more: https://sterlinglawqld.com/alan-jones-2gb-and-4bc-ordered-…/

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Inghams not liable for assault by former worker

On the night of 1 February 2013, Aaron Brain approached different female Asian workers as they left at the end of their shifts in the carpark of Inghams Enterprises’ Murrarie factory. The first three women he approached between about 11:00pm and 11:45pm found his behaviour to be strange and felt some apprehension, but managed to disengage and leave.

At 11:45pm Brain approached the Plaintiff Kim Yen Tat and gave her the false story about having a pregnant partner who needed help. She declined to accompany him, walked over to her car, and got into the driver’s seat. However, Brain stopped her from closing the car door. He then said “Can I give you a hug?” and tried to put his hand on her neck. She pushed his hand away and felt something stick into her hand. She then pushed him away, got out of the car screaming and ran away. Brain left the scene after workers came to her aid.

The Plaintiff suffered significant post-traumatic stress disorder injury from the incident and sued her employer for negligence.

Read more here:

https://sterlinglawqld.com/inghams-not-liable-for-assault-…/

#personalinjury

#CourtofAppeal

#psychiatricinjury

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QLD Government to criminalise revenge porn

‘Revenge porn’ is an awful modern phenomenon made possible by technology. The laws in Queensland are however catching up with technology.

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Solicitor struck off for the second time

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Normally when a lawyer is removed from the roll (‘struck off’) that effectively ends their legal career, as they are permanently ineligible to obtain a practising certificate which would enable them to practice law again. In this case, the unusual history of the matter led to the practitioner being struck off twice.

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Teacher’s claim against school for slipping on grape dismissed

The District Court’s decision to dismiss a teacher’s claim for slipping during a fruit break shows that a lack of previous incidents can be decisive on the question of liability.

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Judge Sandy Street denounced by Federal Court

Litigation is very tough on litigants. They find themselves in an environment where in spite of their strong feelings about their case, their emotions carry no weight and are seldom acknowledged by the court. Furthermore, their fate at trial is the hands of a third party who may rule against them, with disastrous consequences. Adverse findings can be made against them. There is an incredible amount of stress associated with such risks. And of course, there is the massive amount of money they have to pay towards their own legal costs.

In return, the least litigants are entitled to expect is a judge who properly hears their case and considers it in a fair minded way.

Read more here.

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The pro-pedophile, out of touch ‘Human Rights’ Commission

The Human Rights Commission’s decision to award compensation to a man convicted of child pornography offences shows that it is an out of touch organisation that sides with pedophiles over businesses.

Rosalind Croucher

 

Read more here. 

 

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