Rafiee v VWA

[2022] VSCA 251

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Accident Compensation
3. › Serious injury claim
4. › Originating motions issued out of time
5. › Non-compliance with strict time limit of 30 days following rejection of serious injury application
6. › Whether applicant can proceed with two originating motions
7. › Whether judge correct in dismissing second originating motion and ordering first be amended
8. › Workplace Injury, Rehabilitation and Compensation Act 2013 (Vic), ss 328(2), 330(1), 335(1)-(2), 337, 338
1. Workers Compensation
2. › Serious injury applications
3. › Authority consent to out-of-time proceedings
4. › Scope of consent under s 337(1)
5. › Whether absence of consent to second originating motion precluded its continuation
6. › Prohibition on further applications for same injury under s 338
7. › Workplace Injury, Rehabilitation and Compensation Act 2013 (Vic), ss 335(2)(d)(ii), 337(1), 338

Quick Take

Where originating motions for serious injury determinations are issued out of time, VWA's consent under s 337(1) of the WIRCA 2013 determines which proceedings may continue; VWA is not obliged to consent to multiple proceedings where the injuries can be pursued in a single proceeding. Section 338 prohibits a further application under s 328(2) in respect of the same injury already the subject of an earlier application.

Case Details

Citation[2022] VSCA 251

CourtVSCA

JurisdictionVictoria

Unlock so much more with Barrister AI

The full text is available to signed-in members.

Create free account

Already have an account? Sign in