Category Archives: Workers Compensation

Golden Eagle International Trading Pty Ltd v Zhang [2007] HCA 15

ON 19 APRIL 2007, the High Court of Australia delivered Golden Eagle International Trading Pty Ltd v Zhang [2007] HCA 15; (2007) 234 ALR 131; 81 ALJR 919 (19 April 2007).

http://www.austlii.edu.au/au/cases/cth/HCA/2007/15.html

When assessing damages, life expectancy is to be calculated with reference to the ABS projected tables (as opposed to historical tables).

Statutory payments for treatment and rehabilitation expenses are to be deducted after making an apportionment for contributory negligence.

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South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16

South Western Sydney Area Health Service v Edmonds [2007] NSWCA 16 (16 February 2007).

http://www.austlii.edu.au/au/cases/nsw/NSWCA/2007/16.html

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2003 | Compensation Court of NSW abolished

ON THIS DAY in 2003, the Compensation Court of NSW was abolished.

Sharp v Stephen Guinery t/as Port Kembla Hotel and Port Kembla Rsl Club [2001] NSWSC 336

ON 23 APRIL 2001, Justice Peter McClellan of the Supreme Court of NSW delivered Sharp v Stephen Guinery t/as Port Kembla Hotel and Port Kembla Rsl Club [2001] NSWSC 336 (23 April 2001).

“Judgment on application for verdict by direction

negligence action

whether plaintiff precluded from putting a case in negligence to jury

whether evidence of breach of duty

whether evidence which could establish that the taking of any step would have eliminated risk of plaintiff’s injury

whether evidence before the jury that the risk of injury from tobacco smoke was reasonably foreseeable

whether rule in Browne v Dunn has application

s 23(4), s 42(1) Factories, Shops & Industries Act 1962”

Sharp had sought damages from her employer alleging that her exposure to tobacco smoke as a barmaid resulted in her suffering from laryngeal cancer.  The case was heard before a jury.

The judgment led to jury directions which resulted in a finding that the cancer was caused, or materially contributed to, by the employer’s negligence.

On 2 May 2001, the jury awarded Sharp damages of $466,000 plus costs.

http://www.austlii.edu.au/au/cases/nsw/NSWSC/2001/336.html

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Herrmann v Cammeray Golf Club [1996] NSWSC 568

Herrmann v Cammeray Golf Club [1996] NSWSC 568 (26 November 1996).

http://www.austlii.edu.au/au/cases/nsw/NSWSC/1996/568.html

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Social Security Act 1991 (Cth)

ON 1 JULY 1991, the Commonwealth Social Security Act 1991 commenced.

http://www.austlii.edu.au/au/legis/cth/consol_act/ssa1991186/

 

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Dust Diseases Tribunal

ON 21 JULY 1989, the NSW Dust Diseases Tribunal (DDT) http://www.dustdiseasestribunal.lawlink.nsw.gov.au/ was established through the enactment of the Dust Diseases Act 1989 http://www.legislation.nsw.gov.au/viewtop/inforce/act+63+1989+FIRST+0+N/.

The DDT is a specialist tribunal with the exclusive jurisdiction to determine damages claims for death or injury arising from dust-exposure related diseases such as asbestosis and mesothelioma. The tribunal’s special purpose is to serve the interests of justice by expediting claims in circumstances where the claimants are in the advanced stages of illness.

The first judge to hear a case in the tribunal was Judge J L O’Meally AM RFD a tribunal Member (1989 to 1995), Senior Member (1995 to 1998) and President (1998 to 2011).

The Tribunal’s current judges are:

  • President Justice R O Blanch AM
  • Judge J P Curtis
  • Judge W P Kearns SC
  • Judge Finnane RFD QC
  • Acting Judge P J Johns

The court is situated at 12th Floor, John Maddison Tower, 88 Goulburn Street, Sydney NSW 2000. For all enquiries call (02) 9377 5440.

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Safety, Rehabilitation and Compensation Act 1988 (Cth)

ON 1 JULY 1998, the substantive provisions of the Commonwealth Safety, Rehabilitation and Compensation Act 1988 commenced. The Act was initially called the Commonwealth Employees’ Rehabilitation and Compensation Act 1988.

http://www.austlii.edu.au/au/legis/cth/consol_act/sraca1988368/

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Staska v General Motors-Holden’s Pty Ltd [1972] UKPCHCA 1

ON 28 MARCH 1972 the Privy Council delivered Staska v General Motors-Holden’s Pty Ltd [1972] UKPCHCA 1; (1972) 123 CLR 673 (28 March 1972), an appeal of a South Australian workers compensation case. Since then, much has changed with respect to Privy Council appeals, workers compensation and the manufacture of Holden cars in Australia.

http://www.bailii.org/uk/cases/UKPC/1972/1972_4.html

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