WorkCover Queensland v Wallaby Grip Limited & Anor

(2021) 7 QR 63; [2021] QCA 11

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Workers' Compensation
2. › Insurer's right of recovery
3. › Statutory cause of action under s 207B
4. › Whether s 113(1) limits right of recovery to injuries from Queensland employment only
5. › Whether 'circumstances' in s 207B(1)(a) must be the 'same' circumstances for entitlement to compensation and legal liability
6. › Workers' Compensation and Rehabilitation Act 2003 (Qld), ss 113, 207B
1. Statutes
2. › Interpretation
3. › Remedial legislation
4. › Workers' compensation statute
5. › Whether word 'same' should be read into statutory provision
6. › Workers' Compensation and Rehabilitation Act 2003 (Qld), s 207B(1)(a)
1. Appeal and New Trial
2. › Appeal
3. › Leave to appeal
4. › Interlocutory decision
5. › Whether important question of law raised
6. › District Court of Queensland Act 1967 (Qld), s 118
1. Practice and Procedure
2. › Pleadings
3. › Striking out
4. › Allegation of law in defence
5. › Whether allegation of law incorrect and should be struck out

Quick Take

Section 113(1) of the Workers' Compensation and Rehabilitation Act 2003 (Qld) does not limit WorkCover Queensland's right of recovery under s 207B to compensation paid only for injuries arising from Queensland employment. The word 'circumstances' in s 207B(1)(a) does not require the circumstances creating the entitlement to compensation and the legal liability to pay damages to be the 'same' circumstances. WorkCover Queensland may recover under s 207B in respect of injuries to which employment in another State contributed, provided the elements of the statutory cause of action are otherwise satisfied.