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QLD Personal Injury - Action Against QCAT for Psychological Injuries?

Discussion in 'Personal Injury Law Forum' started by praxidice, 16 January 2016.

  1. praxidice

    praxidice Well-Known Member

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    I'd appreciate comments from anyone conversant with claims for psychological injuries. There isn't any doubt regarding proof of injury or of quantifying the extent thereof since there have been a number of highly qualified professionals involved over a significant period. What is the stumbling block is that the injuries resulted totally from a combination of ineptitude and provable bias on the part of a QCAT quasi-judicial officer.

    I realize full well that the proper judiciary and by extension the quasi-judiciary enjoys relatively extreme protection for actions within their official capacity, providing they strictly observe legislation and / or common law precedents. That most definitely wasn't the situation here as relevant laws were completely disregarded and I'm not aware of any precedent that condones total ignorance of legislative provisions.

    A number of previous decisions of this kangaroo courts have been overturned in the Court of Appeal for bias, so there isn't anything new or unusual in another claim. That said, I'm not aware of any previous personal injury claim for the psychological injury involving the kangaroo courts. Not that I believe there haven't been any previous psychological injury claims, in fact. I'd be extremely surprised if there weren't, but it's inevitable that those which 'probably' occurred weren't swept well under the carpet in the interest of maintaining the image of the kangaroo court.

    Furthermore, I believe we can demonstrate a number of related issues that may well turn the tables in our favour. What I would like to know is if there are any relevant precedents, ideally from the High Court so that they are generally binding on lower courts.
     
  2. Victoria S

    Victoria S Well-Known Member

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    While I don't doubt you have suffered the psychological injuries you complain of, as litigation is a highly stressful event, I have never come across a case where someone has succeeded in suing a member of the judiciary on this basis. Therefore, there is little comment that can be made, even from lawyers conversant with claims for psychological injuries because there is no precedent on which to base such comments.

    In reality, I think that if you acquired psychological injuries as a result of the first said litigation, you may exacerbate your existing psychological injuries by further pursuing the issue. Judicial matters often result in perceived injustice.

    If its possible I would try to look forward positively and move on, and not get stuck on the past.
     

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