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Case notes from Fraser Lawyers

What the courts actually decided.

Notes on published Queensland decisions, written for practitioners. Each one sets out what the court held, where the reasoning is vulnerable, and what it means on the next file. Every case, statute and section is checked against the primary source before publication.

10 case notes

  1. Criminal Law QDC 3 Aug 2026

    RNT v QPS: pre-sentence custody and the Magistrates Court limit

    [2026] QDC 107

    A magistrate may decline to declare pre-sentence custody without exceeding the summary sentencing limit, even when practical custody exceeds that limit.

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  2. Property QCA 28 Jul 2026

    Brades Property: the weight of a satisfaction clause

    [2026] QCA 141

    A buyer’s contractual satisfaction was constrained by honesty and reasonableness, with practical uncertainty relevant to whether the condition was fulfilled.

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  3. Wills and Estates QSC 22 Jul 2026

    Lise v Boulton: discharged adoption and family provision eligibility

    [2026] QSC 176

    A valid interstate adoption discharge retrospectively restores child status for family provision eligibility, subject to a required parentage declaration.

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  4. Personal Injury QCA 17 Jul 2026

    Barbina v McKenzie: conflicting medical evidence and the rule in Browne v Dunn

    [2026] QCA 134

    A note on Barbina v McKenzie [2026] QCA 134, where the Queensland Court of Appeal refused leave to appeal and restated the limits of the rule in Browne v Dunn.

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  5. Family Law QDC 10 Jul 2026

    CEE v CNH (No 2): proving necessary or desirable protection

    [2026] QDC 91

    Past domestic violence does not itself satisfy s 37; evidence must establish a real future risk making protection necessary or desirable.

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  6. Personal Injury QCA 3 Jul 2026

    WorkCover Queensland v CRG Harvesting Pty Ltd: When paperwork does not make a director

    [2026] QCA 124

    Director status under the worker exclusion turns on functions actually performed, while employment may be inferred objectively from the parties' conduct.

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  7. Commercial QCA 23 Jun 2026

    SHRL Ventures Pty Ltd v Pedro-X Pty Ltd: repudiation, pressured exits and oppression

    [2026] QCA 119

    Serious early breaches of a cooperative joint venture may justify termination, while unconscionable pressure may invalidate a negotiated exit.

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  8. Traffic Law QDC 11 Jun 2026

    Boubaris v Commissioner of Police: disqualified driving as defiance of the court

    [2026] QDC 90

    Driving while disqualified by court order is best understood as offending against the administration of justice because its gravamen is disregard of that order.

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  9. Property QCA 12 Sep 2025

    Novadeck Pty Ltd v CK & PT Property Holdings Pty Ltd: why an EFT instruction did not pay the deposit

    [2025] QCA 170

    Where deposit payment was essential and time was of the essence, payment by EFT required receipt by the deposit holder before the deadline.

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  10. Criminal Law QCA 29 Aug 2025

    R v Ford: the three-year line between parole release and eligibility

    [2025] QCA 160

    A parole eligibility date was not manifestly excessive where the head sentence was accepted as a proper exercise of sentencing discretion.

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