Victorian WorkCover Authority v Granted Access Pty Ltd & Anor (Form of Orders and Interest)

[2026] VSC 366

Supreme Court of Victoria

Built by Barristers,
For Australian Law.

1. Workers Compensation
2. › Recovery proceedings
3. › Section 369 WIRCA recovery action against multiple defendants
1. Workers Compensation
2. › Recovery proceedings
3. › Form of orders where plaintiff elects to enforce against one defendant only
1. Equity
2. › Contribution
3. › Equitable contribution between co-ordinate statutory debtors
1. Practice and Procedure
2. › Interest
3. › Rate of pre-judgment interest in recovery proceedings preceding worker's damages action

Where multiple defendants are found liable under s 369 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) to indemnify the plaintiff in respect of the same payments of compensation, the equitable doctrine of contribution applies to their co-ordinate statutory liabilities on a pro rata basis, following Friend v Brooker [2009] HCA 21 and Albion Insurance Company Ltd v Government Insurance Office of New South Wales [1969] HCA 55, and the court's orders must not be seen to interfere with those equitable rights.
In a s 369 recovery proceeding commenced well before the worker's own damages action, the court may exercise its discretion under s 60 of the Supreme Court Act 1986 (Vic) to impose a reduced rate of interest (here 7.5%) for the period before the worker's proceeding was issued, on the basis that realistic settlement of the recovery action was not achievable until after the worker's claim commenced, while imposing the full penalty rate thereafter.
Where a third defendant settles on an 'all in' basis and there is no evidence as to the apportionment of the settlement sum between indemnity and costs, the court will not order a reduction in the remaining defendants' liabilities but will reserve liberty to apply, recognising that the plaintiff must not be unjustly enriched and must account for the settlement receipt.