Charlton v WorkCover Qld & Ors

[2006] QCA 498

Queensland Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Extension of limitation period
3. › Material fact of a decisive character
4. › Whether later event conferring decisive character on facts already known
5. › Decision opening statutory gateway to claim for damages
6. › Limitation of Actions Act 1974 (Qld), ss 30, 31
1. Workers' Compensation
2. › Entitlement to seek damages
3. › Statutory preconditions
4. › Whether worker fell within s 253(1) of WorkCover Queensland Act 1996 (Qld)
5. › Effect of Industrial Magistrate's decision reversing rejection of compensation claim
6. › WorkCover Queensland Act 1996 (Qld), ss 34, 253(1)
1. Workers' Compensation
2. › Proceedings for damages
3. › Period of limitation
4. › Whether reference to 'period of limitation' in s 308(1)(a) includes extended limitation period under s 31 Limitation of Actions Act 1974 (Qld)
5. › WorkCover Queensland Act 1996 (Qld), s 308
1. Workers' Compensation
2. › Proceedings for damages
3. › Leave to bring proceedings despite non-compliance
4. › Whether s 305 order naming one employer extends to proceedings against another employer
5. › WorkCover Queensland Act 1996 (Qld), s 305

Quick Take

A decision by an Industrial Magistrate (or equivalent) that for the first time opens a statutory gateway under s 253(1) of the WorkCover Queensland Act 1996 to seek damages can constitute a material fact of a decisive character, or clothe existing facts with decisive character, for the purposes of extending the limitation period under s 30 and s 31 of the Limitation of Actions Act 1974 (Qld). The reference to 'period of limitation' in s 308(1)(a) of the WorkCover Queensland Act includes any extended limitation period. A s 305 consent order naming only one employer does not extend to a different employer that is a separate legal entity.