Kenneth Clarke v National Mutual Life Assurance Ltd , Suncorp Metway Pty Ltd , Second Respondent , Victorian WorkCover Authority , Third Respondent , Nexis Pty Ltd and Fourth Respondent
[2010] VSCA 43
Citation 1
…v Inner and Eastern Healthcare Network was recently cited with approval in Clark v National Mutual Life Assurance [2010] VSCA 43. 14 It is clear from a close reading of Lianos that both Batt and Chernov JJA concluded that it was not readily apparent from the language of the legislation what work the term “report…
Kozma Engineering Pty LTDand Victorian WorkCover Authority v Maria Pupic
[2009] VSCA 313
Citation 2
…processes as has been recently recognised by the Court of Appeal in Kozma Engineering Pty Ltd & Victorian Workcover Authority v Pupic [2009] VSCA 313. Further, if a member of the Medical Panel refused to give evidence they would not be compellable. This may lead to further delay in the conduct of the proceeding if…
Pope v WS Walker & Sons Pty Ltd
[2006] VSCA 227
Citation 3
…ourt Rules of Civil Procedure. 9 Mr McCredie referred to the dicta of Eames JA in Pope v W.S. Walker and Sons Pty Ltd (2006) 14 VR 435 where he held that a court hearing of s.134AB application might have regard to a Medical Panel opinion obtained for the resolution of a statutory benefit dispute, although it would…
Grech v Orica Australia Pty Ltd & Anor
[2006] VSCA 172
Citation 4
…amination findings and conclusions. 10 He further relied on the dicta of Ashley JA in Grech v Orica Australia Pty Ltd (2006) 14 VR 602 at 612, paragraphs [41]-[42]. In that case Ashley, JA identified two bases (that were not relied upon here in these proceedings) upon which the reasons for opinion could have been a…
Makita (Australia) Pty Ltd v Sprowles
[2001] NSWCA 305
Citation 5
…made Orders to that effect on 12 November 2008. 7 Mr Mc Credie referred to Lianos v Inner and Eastern Healthcare Network (2001) 3 VR 136. In that case the Court determined that the reasons for opinion, whilst forming part of the opinion for the purposes of s.10 of the Administrative Law Act , did not mean that th…