BARRISTERS

BARRISTERS
KEITH HOWE

Contact

Telephone: (07) 3236 2950

Email: [email protected]

Facsimile: (07) 3236 3026

  • Appellate
  • Commercial
  • Employment & Industrial
  • Insurance
  • Land Law & Property
  • Mediation
  • Personal Injury
  • Succession
  • Queensland Bar – 16 December 1986
  • New South Wales Bar – 1987
  • Bachelor of Laws – Queensland Institute of Technology
  • Master of Laws – Queensland University of Technology
  • Nationally Accredited Mediator
  • Dispute Resolution Queensland – Bar Association
  • Court Appointed Case Appraiser
  • Court Appointed Mediator

Since his call to the Bar in 1986, Keith Howe has practised at the Brisbane Bar and developed a broad practice which includes work in Brisbane and regional areas, including the Gold Coast and Northern New South Wales.

Keith appears as an advocate at both trial and appellate level in matters involving many aspects of commercial, insurance, property and common law generally. His practice includes a wide range of advisory work.

From early in his career, Mr Howe has appeared for many local authorities in a broad range of areas from contractual disputes, public liability matters, insurance and re-insurance matters and litigation concerning Council’s approval process and subsidence claims.

Mr Howe also practises in the areas of Workplace Law.

Mr Howe is a nationally accredited mediator. He also has extensive mediation experience (Court appointment or otherwise) both as a mediator and as counsel, including mediating insurance and commercial law disputes, Estate matters, TPD claims and financial advice disputes.

In December 2017, Mr Howe was elected as a member of the bar council of the Bar Association of Queensland.

Australian Lawyers Alliance

  • Presentation: “Current and recent Life Insurance Industry Enquiries Review” – 4 October 2017.
  • Queensland Intensive Seminar – “Public Liability Issues and the Future for Trip and Fall Cases” 14 May 2008

Australian Insurance Law Association

  • Presentation: “Animals, Children & Friends from a Public Liability Perspective” – 19 July 2017
  • Presentation: “Banana Skins, Gum Nuts and Bat Poo!” – 1 December 2016

Government Lawyers Conference

  • Presentation with Melinda Edwards “It’s a Jungle Out There!” – 14 August 2015

Beach Safety Summit

  • A speaker at the Beach Safety Summit Legal Conference on “Risk Management and Minimising your Liability” in 2007

Lexis Nexis

  • In 2007 Mr Howe was also a speaker at Lexis Nexis Seminar – Conveyancing: Hot Topics “Property Agents and Motor Dealers (Qld) 2000” in 2007

Proctor

The Metes & Bounds of a Letter of Demand, Proctor Article, 1 May 2007

Native Title News

“The Ten Point Plan and its Constitutional Validity”; Native Title News 5(3) June 2001.

Hearsay

Property Law “Being Ready, Willing and Able and more on Foran v Wight”, Issue 17 May 2007.

“Differing Styles and Models for the Conduct of Mediations”, Issue 20 September 2007.

I Spy with My Little Drone, the Journal of the Bar Association of Queensland, July 2015.

High Court

  • Green v Dare & Ors [2004] HCA Transcript 236 (trustee in bankruptcy)
  • Hanson v DPP [2003] HCA Trans 377-23; [2003] QCA 409 (bail pending special leave to appeal to the High Court)
  • Queensland Newspapers Pty Ltd v Hall B61/2000, 27 June 2001 (special leave application in a defamation case)

Court of Appeal

  • Dank v Tabcorp [2011] QCA 253 (personal injuries – liability and quantum)
  • Module 2 Pty Ltd v Brisbane City Council [2006] QCA 226 (validity of notice of resumption)
  • Foxlodge Pty Ltd v Barronrib Pty Ltd [1995] QCA 16 (Action in Nuisance)
  • Gordon v Tamworth Jockey Club Inc. [2003] NSWCA 82 (liability of employer/occupier was liable for an injury caused by the criminal assault of an employee)
  • Beattie v Jamieson [2006] QCA 319 (leave to appeal – defamation proceedings; issue of whether defence of qualified privilege applies)
  • Paul Lingard Constructions Pty Ltd v WorkCover Qld [2004] QCA 468 (question of whether relief of appellants’ claim were pursuant to general law or s20(1) Judicial Review Act 1991)
  • National Bricklaying Pty Ltd v WorkCover Qld & Anor [2004] QCA 468 (appeared for appellant. S20(1) Judicial Review Act 1991 – declaration that premiums were invalid)
  • Smeaton & Ors v Patterson [2003] QCA 341 (severance of joint tenancy)
  • Boyce v Deem & Anor [2003] QCA 341 (apportionment of liability)
  • Perez v Holmes & Anor [2003] QCA 453 (damages assessment)
  • Soper v Gold Coast City Council [2002] QCA 118 (local authority public liability)
  • Stephens & Anor v The Chief Executive Department of Tourism Racing and Fair Trading [2002] QCA 407 (leave to appeal re: a finding that a party was not a fit and proper person)
  • McPhee v Zarb & Ors [2002] QCA 530 (rescission of a contract, waiver of time and the essentiality of time, redemption of mortgage)
  • Wight v Queensland Gymnastics Association [2000] QCA 466 (public Liability)
  • Henderson v Harburg [2000] QCA 228 (trusts and trustees, liability breach of trust, conflicting valuation evidence)
  • L H Markwell Pty Ltd v LA & DE Fitzgerald Pty Ltd [2000] QCA 319 (estoppel)
  • Rayner v Whiting [1999] QCA 214 (construction of statute)
  • Ashcoast Pty Ltd v Whillans [1998] QCA 034 (restraint of trade – involving medical practitioner)
  • Hyne & Son Pty Ltd v Hochmuth [1997] QCA 108 (assessment of damages)
  • A & P Constructions Pty Ltd (in liquidation) v Johnson – BC9705910, 24 November 1997 (master servant)
  • Smyth & Anor v Amatek Ltd [1997] QCA 413 (liability under guarantee)
  • Gai Maree Hardy v Barry Gardner [1994] QCA 482 (assessment of damages)
  • SPA Property & Investment Company Pty Ltd v Penbroke Antiques Pty Ltd [1993] QCA 547 (liability of principal for representations of agent)
  • Reitano v Shearer & Anor [2014] QCA 336 (challenge on future economic loss, loss of opportunity/chance to pursue a number of different careers. Effect and impact of social media material on assessment of damages)
  • Farnham v Pruden [2016] QCA 018; [2015] QDC 141 (whether damages were to be assessed under the Civil Liability Act 2003 (Qld) or general law. Whether regard ought be had to the second reading speech of the Criminal Code and Civil Liability Amendment Bill 2007 (Qld) and the explanatory notes)
  • Thomas v Trades & Labour Hire Pty Ltd (in liq) [2016] QCA 332 (manufacturing defect, causation and application of March v Stramere test)
  • Chandler v Silwood [2016] QCA 273 (slip/fall and issues regarding expert evidence as to level of intoxication and use of friction test on steps)
  • Cleret v Rago [2014] QCA 158 (constructive trusts)
  • R v Hansen [2003] QCA 488; R v Etridge [2004] HCA 326 (appeal against conviction and sentence, issues relating to electoral law and contract law)
  • First Mortgage Investments Pty Ltd (FMI) v Pittman [2014] NSWCA 110; First Mortgage Investments Pty Ltd v Pittman No. 2 [2014] NSWCA (enforcement of mortgages and whether agreement unjust within the meaning of the Contracts Review Act 1980 (NSW)

Supreme Court

  • GEJ & MA Geldard Pty Ltd v Mobbs & Ors [2010] QSC 220 (Civil Liability Act 2003 (Qld) causation; issues as to who were concurrent wrongdoers; what was the level and degree of apportionment; the effect of any settlement and whether it ought be taken into account under the Act)
  • Braxco v Pialba Commercial Garden Pty Ltd [2010] QSC 259 (termination of lease – construction of the Fire and Rescue Act 1991 (Qld))
  • Creswick & Creswick [2010] QSC 339 (contract law, equity, trusts, forgery, specific performance)
  • Booth v Suncorp Metway Insurance Limited [2009] QSC 237 (brain damage/damages claim – plaintiff resided in England)
  • AB & Ors v IJ & Ors [2008] QSC 046 (removal of caveat)
  • Filippini v Real Estate Institute of Queensland Ltd & Ors [2008] QSC 113 (leave to appeal from the award by an arbitrator – valid exclusive agency – meaning of Property Agents & Motor Dealers Act 2000)
  • Legal Services Commissioner v Sing [2007] LPT 2004 (where letter of demand constituted unprofessional and/or professional misconduct)
  • Reardon Smith v Torres Farr [2007] QSC 8 (damages/assessment of loss for professional surfer)
  • Kakoske v Draper [2006] QSC 386 (damages/psychiatric injuries – causation)
  • Griffiths, Britcourt & Morris v Curlew Apartments [2006] 1 Qd R 101 (specific performance of contracts)
  • Kwan & Kan v Guardian Group Holdings Pty Ltd 10097/06 (injunctive and other relief concerning the assignment and sale of allocated places and the proper construction of the Aged Care Act 1997)
  • Jodaway Pty Ltd v Langton [2003] QSC 79 (right of lessee to enforce obligation against lessor where lessor has resold land)
  • Smeaton & Ors v Pattison [2002] QSC 431 (professional negligence – severance joint tenancy)
  • Idea Technology Services Pty Ltd v Nguyen [2002] QSC 432 (misappropriation of monies by employee – allegations of forgery)
  • Voss v Davidson & Ors [2002] QSC 316 (accessory liability, conversion of cheques, liability of bank)
  • ASIC v 1st State Home Loans Pty Ltd & Anor [2002] QSC 55 (contempt attachment and sequestration – Corporations Act 2001)
  • Re Carter; Sweeney & Millyard [2000] FCA 1549 (rights of trustees in bankruptcy)
  • Oz Finance Pty Ltd v JLW (Queensland) Pty Ltd [1998] QSC 155 (Action against Valuer)
  • K A Green v Registrar of Titles & Brisbane City Council – Application No. 10135/04 – Adverse possession
  • Reitano v Shearer & Anor [2014] QCA 336 (challenge on future economic loss, loss of opportunity/chance to pursue a number of different careers. Effect and impact of social media material on assessment of damages)
  • Thomas v Trades and Labour Hire Pty Ltd [2015] QSC 264 (manufacturing defect, causation and application of March v Stramere test)
  • Smith v Randall & Anor [2016] QSC 191 (a leading/following driver collision, issues concerning apportionment of liability and application of Civil Liability Act 203 (Qld) – 9(1), s.9(2), s.23, s.23(2) and s.47 and the Transport Operations (Road Users Management) Act 1995 (Qld) – s.80, s.80(16F), s.80(16FA)
  • Chandler v Silwood [2016] QSC 90 (slip/fall and issues regarding expert evidence as to level of intoxication and use of friction test on steps)
  • Foster v Carter [2017] QSC 135 (quantum, whether damages should be assessed at common law or under the Civil Liability Act 2003 (Qld), whether the plaintiff’s employment was a significant contributing factor to the injures, where assessment of damages for the diminution in earning capacity was in issue)
  • Etemovic v Gold Coast City Council [2009] QSC 185 (personal injuries plaintiff struck by jet ski under control of life guard)
  • Australian Timber & Trusses Pty Ltd v T&M Buckley Pty Ltd [2012] QSC 110 (enforcement of guarantees whether a party preparing plans was carrying out unlicensed building working within the meaning of the Qld Building and Construction Commission Act 1991 (Qld) (prev. Qld Building Services Act 1991))
  • Palmer v Finnigan [2009] QSC 42 (Council’s approval of a balcony where plaintiff suffered fall as a result of balcony collapsing, liability of owner of residential premises)