Farrar v Western Metropolitan College of TAFE

(1999) 1 VR 224; [1998] VSCA 25

Victorian Court of Appeal

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Interrogate

Catchwords

1. Accident Compensation
2. › Workers compensation
3. › Injury arising out of or in the course of employment
4. › Statutory prohibition on damages for pecuniary loss
5. › Exceptions to statutory prohibition
6. › Whether exception in s.135(1)(b) applies where injury actually arose out of or in the course of employment
7. › Whether exception limited to injuries only notionally arising out of employment by reason of deeming provision
8. › Accident Compensation Act 1985 (Vic), ss 83(2), 135(1)(b)
1. Practice and Procedure
2. › Precedent
3. › Court of Appeal
4. › Circumstances in which Court of Appeal may depart from Full Court decisions
5. › Whether exceptional circumstances exist to compel reconsideration
6. › Relevance of regular parliamentary review of legislation
1. Practice and Procedure
2. › Appeal
3. › Leave to appeal
4. › Interlocutory orders
5. › Order on preliminary question not finally disposing of rights of parties
6. › County Court Act 1958 (Vic), s 74(2D)

Quick Take

The exception in s.135(1)(b) of the Accident Compensation Act 1985 (Vic) does not permit recovery of damages for pecuniary loss where the injury actually arose out of or in the course of employment, even where the employer is not a party and the injury occurred away from the fixed place of employment. The argument against reconsideration of a statutory interpretation decision is particularly strong where the legislation is under regular parliamentary review and Parliament has not intervened to reverse the decision.