Kickbusch v Lehane & Anor [2022] QDC 16

Kilmartin Knyvett Lawyers acted for a client in relation to his personal injuries claim, which had resulted from injuries sustained in a car accident.

The driver’s insurer, Allianz, denied any liability for the accident.

At trial, Byrne QC DCJ found the insured driver was liable for the accident and our client’s injuries, and our client was awarded damages for his injuries and past and future loss of income. The insurer was also ordered to pay our client’s legal costs on an indemnity basis.

A4 Developments Pty Ltd v Suncorp-Metway Ltd & others [2022] QDC 283

Kilmartin Knyvett Lawyers successfully acted for a company that held a second registered mortgage over a property. The registered proprietors of the property went into bankruptcy.

The first mortgagee sold the property and paid the surplus proceeds into court. The trustees for the bankrupt claimed an entitlement to the surplus proceeds and alleged that our client had surrendered its security over the surplus proceeds.

Our firm was successful in obtaining orders from the District Court of Queensland entitling our client to the surplus proceeds and obtaining a costs order against the trustee in bankruptcy.

Kelvin Gorrie v Greensphere Pty Ltd T/A Multihull Solutions [2022] FWC 1327

Our firm successfully defended an application for costs made against our client by his former employer in the Fair Work Commission.

Emily Anderson & Shannon Middleton v Perry Homes (Aust) Pty Ltd [2022] NSWCATCD

Kilmartin Knyvett Lawyers successfully defended a builder against an application lodged in the NSW Civil and Administrative Tribunal, consumer and commercial division.

The application sought a monetary order for allegedly defective works associated with the foundation slab, the roof cavity and waterproofing.

The claim alleged breaches of the statutory warranties imposed on our client as a builder and alleged breaches of duty of care.

Following a trial, we were successful in having the application against our client dismissed in full.

BCC Jordaan v Mount Isa City Council [2021] QIRC 310

Our firm successfully defended an application by the Mount Isa City Council to seek costs orders against our client in the Queensland Industrial Relations Commission.

Dowse v Commissioner of State Revenue [2021] QCAT 221

Kilmartin Knyvett Lawyers acted for a client assessed for a land tax liability during a time when he was entitled to the home exemption.

The Commissioner of State Revenue was ordered to reassess our client’s land tax liability for the 2017-2018 land tax year. The Commissioner of State Revenue was also ordered to pay our client interest in respect of any refund of the land tax, late payment of interest in respect of the 2017-2018 land tax year and costs.

Oracle Building Corporation Pty Ltd v Queensland Building and Construction Commission [2020] QCAT 69

Kilmartin Knyvett Lawyers acted for a builder in relation to a complaint to the Queensland Building and Construction commission (QBCC) alleging defecting building work to a newly constructed residential dwelling and consequential damage.

Following a review by the Queensland Civil and Administrative Tribunal, our firm was successful in having the initial decision of the QBCC to issue a direction to rectify set aside and replaced with a decision not to issue a direction to rectify.

Michar & Balieford & Child Support Registrar (2019) FLC 98-076; [2019] FamCAFC 60  

Kilmartin Knyvett Lawyers successful represented a client in his appeal to the Full Court of the Family Court of Australia in relation to his child support liability.

Leave to appeal was granted and the appeal was successful. The Full Court found that the primary judge did not afford procedural fairness and misapplied the statutory criteria under section 112 of the Child Support (Assessment) Act 1989.