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Comcare
Comcare v John Holland Pty Ltd [2014] FCA 1191 Siopis J helpfully analysed the competing interests when dealing with a guilty plea under OHS legislation which imposes a ‘civil penalty’ by reference to comparative practices in criminal law matters. His Honour noted some comparative issues, but also distinguishing features. As to the practice of agreed...
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Oaks Hotels and Resorts (Qld) Pty Ltd v Blackwood and Anor [2014] ICQ 23 I refer to earlier postings about Comcare v PVYW [2013] HCA 41. The President was at pains to make the point that the definition of “injury” as defined in s 32 of the Workers’ Compensation and Rehabilitation Act 2003 (the WCRA)[1]...
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Kosteski and Comcare [2014] AATA 217 Catchwords COMPENSATION – definition of injury – excludes diseases or injuries resulting from reasonable administrative action taken in a reasonable manner – injury resulted from being told to return to a workplace where she perceived she had been bullied and harassed – employer on notice of perception – should...
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Comcare v PVYW [2013] HCA 41 I refer to my earlier posting. The High Court has now allowed the appeal of Comcare. I refer you to the judgment summary. Brisbane Barrister – David Cormack
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I refer to my earlier posting in relation to the facts. The Full Court (Keane CJ, Buchanan & Bromberg JJ) dismissed the appeal of Comcare and concluded: 44. It must, in our respectful view, be steadfastly borne in mind that the objective of the High Court in Hatzimanolis was to state the circumstances in which...
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PVYW v Comcare (No 2) [2012] FCA 395 Issue: whether injuries sustained whilst having lawful sex at a motel were in the ‘course of employment’ as being an ‘interval or interlude’. Overview: the injured applicant appealed the decision and findings of the Tribunal that the sexual activity was not in the ‘course of her employment’...
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Norton Rose Fulbright Authors Jacinta Studdert, Amelia Dixon-Weidner, Sarah Ralph, Nancy Mudditt, David Guthrie, Allison Hunt, Adrian Wong, Ben Allen, Hamish McNair, Adrian D’Amico, Nick Beresford-Wylie, Susan Rose, Ashley Tsacalos, Vince Sharma, Edward Campbell, Keith Redenbach, Vanessa Verzi Welcome to the March edition of the Public law report for 2012, which provides essential updates for...
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Commonwealth Bank of Australia v Reeve [2012] FCAFC 21 The decision concerned the meaning of s 5A of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (“the SRC Act”), namely the exception provides that an “injury”: “…does not include a disease, injury or aggravation suffered as a result of reasonable administrative action taken in a...
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