The presence of metal cupboard handles beneath a collating desk created an obvious risk of knee injury which his employer ought to have removed, according to 36 yr old call-centre worker Ian Larkin.

Take The Law Audio Blog Episode 31 - Seafood chef late to court, seeks time extension for starters

Oct 21st, 2013 2m 42s

A Court has ruled that a worker’s severe reading and comprehension disabilities sufficiently explained his 4 year delay in seeking legal advice about the consequences of a negligently caused on-the-job lifting injury.

Take The Law Audio Blog Episode 30 - Worker bumped on $2 mil claim; fall at function not foodie’s fault

Oct 21st, 2013 3m 38s

The Supreme Court has refused a labourer damages for back injuries resulting from a stairwell bump that sent him tumbling down as many as 20 steps during a crowded end-of-project spit roast attended by 250 co-workers.

Take The Law Audio Blog Episode 29 - $120k transfer intercepted by fraudster, on-line seller sues for payment

Oct 21st, 2013 3m 22s

An importer who paid for goods ordered on-line from a factory in China by EFT to the bank account of a hoaxer impersonating the seller, has been ordered to pay the full price of the goods.

Take The Law Audio Blog Episode 28 - Qld workers face job interview booby trap, employer discrimination ok

Oct 20th, 2013 4m 6s

Routine job interviews have been lined with booby traps to kill off the chances of workers desperate to re-gain a job. And many applicants should now arrange their own medical clearance prior to even applying.

Take The Law Audio Blog Episode 27 - Riparian car space snafu nets agents in $312k misrep claim, sellers’ instructions no defence

Oct 9th, 2013 5m 26s

An agent who assured his buyer he would personally create a third car space for her use in Brisbane’s luxurious Riparian Plaza, has been ordered to pay compensation representing the value of the car park he ultimately could not deliver.

Take The Law Audio Blog Episode 26 - Brookfield Multiplex liable to new owner for construction defects 15 years on

Oct 8th, 2013 2m 13s

A body corporate in a 22 story multi-use building has secured a Supreme Court declaration that the builder is liable to it for “latent defects in the common property” it constructed 15 years earlier.

Take The Law Audio Blog Episode 25 - St Lucia sellers recover $2million re-sale loss, rescission negotiation not “abandonment”

Oct 7th, 2013 4m 56s

David and Judith Tynan contracted to sell their 29 Lawrence St, St Lucia home in October 2010 for $7 million with settlement to be effected 12 months later secured by personal guarantees from the directors of the corporate buyer, Philip and Ann

Take The Law Audio Blog Episode 24 - Cyclones defeat optomistic borrowers; Suncorp evades payment suspension clause

Oct 5th, 2013 4m 31s

Motel operators who had an “overly optimistic view” of their capacity to meet loan repayments and of Suncorp’s willingness to forgive , have resisted the bank’s recovery action with allegations of unconscionable conduct in refusing to capitalis

Take The Law Audio Blog Episode 23 - Interstate practitioner’s settlement “stutters” wrongfoot seller’s sale loss suit

Oct 4th, 2013 3m 56s

The apparent unfamiliarity of a Sydney solicitor with Queensland conveyancing practice and a want of assertion by his local counterpart, have featured in a seller’s lawsuit to recover the re-sale loss on the September 2011 sale of a 2.68 ha rur

Take The Law Audio Blog Episode 22 - Staff instruction crucial to nightclub assault defence: when is “do as I say” enough?

Sep 28th, 2013 4m 47s

Policies & procedures and examples set by superiors, were central to a $1.4 million injury claim by a 28-year-old fabrication foreman injured in a brawl that boiled over onto the footpath outside a Broadbeach nightclub.

Take The Law Audio Blog Episode 21 - Mixed messages on safety hands pig worker big win for knife slash

Sep 27th, 2013 2m 27s

A Sarina slaughterman who avoided the use of a protective steel mesh glove because it slowed his work rate, has secured substantial damages as a result of a kill floor accident in August 2010.

Take The Law Audio Blog Episode 20 - Bali bombing journo’s PTSD: should superiors screen susceptible staff for stress?

Sep 26th, 2013 2m 52s

A photographer for The Age newspaper assigned to shoot an anniversary pictorial of Australian victims of the October 2012 Bali bombings, suffered post traumatic stress disorder (PTSD) and major depression in response to the “heart-wrenching” in

Take The Law Audio Blog Episode 19 - Skier towed onto sandbank, insurer argues boat sports unsafe

Sep 25th, 2013 3m 48s

The tragedy occurred at picturesque Chinderah, about 1 km south of the Barney’s Point Bridge as the Tweed bends gently northwards for its last long sweep before emptying through its mouth, the Heads that bear its name.

Take The Law Audio Blog Episode 18 - Tough crowd: improv falls flat on appeal court audience

Sep 24th, 2013 2m 21s

The use of razor sharp off-cuts as a workaround to protect electrical insulation during the construction of a Palm Beach condo development, was a reasonable building technique for which an electrical contractor employer bore no responsibility f

Take The Law Audio Blog Episode 17 - Instalment contract seller keeps payments and recovers possession

Sep 10th, 2013 3m 21s

The Brisbane District Court has had to adjudicate a provision in an instalment contract for the sale of land that permits the seller to retain all payments made by the buyer up to the date of contract termination in the event of buyer breach.

Take The Law Audio Blog Episode 16 - Reference to baller’s PoA omitted, financier fights to hold up guarantee

Sep 9th, 2013 2m 44s

A national champion basketballer has challenged the validity of a personal guarantee signed by his co-player attorney because it omitted any reference to the power of attorney instrument under which the signer was authorised to act.

Take The Law Audio Blog Episode 14 - Landlord too stingy with security swipes, injuncted on bathroom “enjoyment” breach

Sep 7th, 2013 3m 20s

A Melbourne CBD serviced office sub-tenant has won a long running battle to compel the sub-lessor to provide enough bathroom swipe fobs to avoid its tenants the embarrassment of being locked out of common area toilets.

Take The Law Audio Blog Episode 15 - Boat harbour restaurant wins $100k for patrons’ blocked view

Sep 6th, 2013 3m 18s

An appeal court has confirmed that a restaurant be relieved of liability for rent arrears and collect more than $100k compensation because the landlord moored its giant whale watching vessel on the other side of the dock, blocking its harbour v