Francis v Emijay P/L & Ors

[2006] QCA 62

Queensland Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Insurance
2. › Workers' compensation insurance
3. › Employer's obligation to insure
4. › Interstate employment
5. › Whether obligation under NSW Act to insure against employer's liability extends to contractual liability where proper law of contract is not NSW
6. › Whether identity of insurer depends on whether claim framed in tort or contract
7. › Workers' Compensation Act 1987 (NSW), s 155(1)
8. › WorkCover Queensland Act 1996 (Qld), s 11(2)(b)
1. Workers' Compensation
2. › Interstate workers
3. › Sufficient connection with New South Wales
4. › Whether injury occurring in NSW during course of employment sufficient to engage s 155(1)
5. › Whether employee's presence must be more than fortuitous, fleeting or sufficiently unusual
6. › Workers' Compensation Act 1987 (NSW), s 155(1)
1. Practice and Procedure
2. › Extension of time to appeal
3. › Whether extension should be granted
4. › Absence of prejudice
5. › Arguable grounds of appeal
6. › Uniform Civil Procedure Rules 1999 (Qld)

Quick Take

Section 155(1) of the Workers' Compensation Act 1987 (NSW) requires an employer to insure against all liabilities for injury to workers employed in NSW, regardless of whether the liability arises in tort or contract and regardless of the proper law of the employment contract. The identity of the responsible workers' compensation insurer does not depend on the legal basis on which the injured worker frames the claim. For interstate truck drivers and similar workers who regularly work in NSW, the NSW insurer bears the indemnity obligation. The 2002 amendments to the NSW Act (s 9AA) may produce different results for injuries occurring after those amendments.