Australian Rail Track Corporation Limited v Dollisson

[2020] NSWCA 58

NSW Court of Appeal

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Interrogate

Catchwords

1. Workers Compensation
2. › Entitlement to common law damages
3. › Statutory gateways for recovery of damages
4. › Whether worker injured in Victoria but not entitled to compensation under Victorian Act required to satisfy serious injury requirements
5. › Whether 'compensation' in s 134AB(1) refers to compensation under the Act or compensation generally
6. › Accident Compensation Act 1985 (Vic), ss 80, 82, 134AB
1. Statutory Interpretation
2. › Expressio unius reasoning
3. › Whether varying usage of 'compensation' in statute indicates deliberate distinction
4. › Whether expressio unius reasoning appropriate for 'patchwork' statutes subject to frequent amendment
5. › Accident Compensation Act 1985 (Vic), s 134AB(1)
1. Statutory Interpretation
2. › Legislative history and extrinsic materials
3. › Use of Second Reading speeches
4. › Whether legislative history supports construction of 'compensation' as limited to compensation under the Act
5. › Interpretation of Legislation Act 1984 (Vic), s 35
1. Private International Law
2. › Choice of law
3. › Lex loci delicti
4. › Workers compensation
5. › Whether Victorian statutory gateways apply to worker whose employment not connected with Victoria but injured in Victoria
6. › Accident Compensation Act 1985 (Vic), ss 129MA-129MF

Quick Take

Practitioners acting for workers injured in Victoria but whose employment is connected with another state should note that the Victorian 'serious injury' gateways under s 134AB do not apply where the worker is not entitled to compensation under the Victorian ACA, even if the worker has received compensation under another state's workers compensation scheme.