Burns v Crispino

[2006] ACTSC 74

Supreme Court of the ACT

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Interrogate

Catchwords

1. Workers Compensation
2. › Compensation of Commonwealth employees
3. › Right to bring common law claim
4. › Comcare claiming in name of employee
5. › Subrogated rights under Safety, Rehabilitation and Compensation Act 1988 (Cth), s 50
6. › Whether Comcare required to give notice of claim where employee exempted
7. › Civil Law (Wrongs) Act 2002 (ACT), ss 49, 51, 225
1. Practice and Procedure
2. › Notice of claim
3. › Personal injury proceedings
4. › Transitional provisions
5. › Whether exemption from notice requirements extends to party exercising subrogated rights in name of claimant
6. › Civil Law (Wrongs) Act 2002 (ACT), ss 49, 51, 225
1. Insurance
2. › Subrogation
3. › Statutory right of subrogation
4. › Nature of subrogated claim
5. › Whether party exercising subrogation rights becomes the claimant or claim remains that of the insured
6. › Safety, Rehabilitation and Compensation Act 1988 (Cth), s 50

Quick Take

Where Comcare exercises subrogated rights under s 50 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) to bring proceedings in the name of an injured employee, the employee remains the 'claimant' for the purposes of the Civil Law (Wrongs) Act 2002 (ACT). Any exemption from the notice of claim requirements that applies to the employee also applies to proceedings brought in her name by Comcare.