On 5 February 2010 Mr Andrew Morris (the Plaintiff) fell from a cliff-top on North Stradbroke Island. He sustained serious injuries including paraplegia. The Plaintiff and some friends had set off at night in search of a track/access point to the beach because they intended to go fishing the next day. The Plaintiff said he followed a track, and after stopping for a short time, believed he saw stairs in the distance and set off toward them before falling. The Plaintiff pursued a personal injury claim against the Redland Shire Council, claiming they were negligent in failing to warn the Plaintiff of the existence of the cliff, and by failing to have signage directing the public to beach access points.
It is not uncommon to hear politicians and high profile members of the public threatening to sue claiming to have been ‘defamed’. Defamation, generally speaking, is where one party sues another because defamatory words concerning that person have be published or made known to others. In Queensland, the law of defamation is governed by both the common law and the Defamation Act 2005 (Qld).
There is little doubt that the community’s attitude to smoking in public areas and buildings has changed, as has the law in that regard. The driving force behind these changes is no doubt the health and wellbeing of those in the community that don’t smoke, but who may be affected through ‘passive smoking’?