JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA
IN CHAMBERS
LOCATION: PERTH
CITATION: BARKLA -v- G4S CUSTODIAL SERVICES [No 2] [2012] WADC 78
CORAM: COMMISSIONER GETHING
HEARD: 21 MAY 2012
DELIVERED : 6 JUNE 2012
FILE NO/S: APP 6 of 2012
BETWEEN: GEOFF BARKLA
Appellant
AND
G4S CUSTODIAL SERVICES
Respondent
Catchwords:
WorkCover appeal
Legislation:
Workers Compensation and Injury Management Act 1981 (WA)
Workers Compensation and Injury Management Regulations 1982 (WA)
Result:
Appeal dismissed
Representation:
Counsel:
Appellant: In person
Respondent: Mr M J Civitella
Solicitors:
Appellant: Not applicable
Respondent: CCS Insurance Law
Case(s) referred to in judgment(s):
Attorney-General (WA) v Schoombee [2012] WASCA 29
Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 321
Barkla v G4S Custodial Services [2012] WADC 67
BHP Billiton Iron Ore Pty Ltd v Brady [2008] WASCA 250
Boston Clothing Co Pty Ltd v Margaronis (1992) 27 NSWLR 580
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118
Glennan v Commissioner of Taxation [2003] HCA 31; (2003) 77 ALJR 1195
House v R [1936] HCA 40; (1936) 55 CLR 499
McGowan v Castrum Pty Ltd [2005] WASCA 198
Norbis v Norbis [1986] HCA 17; (1986) 161 CLR 513
Pacific Industrial Co v Jakovljevic [2008] WASCA 60
Paridis v Settlement Agents Supervisory Board [2007] WASCA 97
Sinclair v Bickford WA C5-2011, 11 March 2011, unreported, Commissioner McCann
COMMISSIONER GETHING: By appeal notice dated 25 January 2012, the appellant commenced an appeal from a decision of Registrar Melville (arbitrator) on 20 January 2012. In the decision under appeal, the arbitrator refused what was in effect a summary judgment application by the appellant seeking an entitlement to weekly payments pursuant to Workers Compensation and Injury Management Act 1981 (WCIMA) s 57A(5) as a result of the respondent's failure to comply with the notification provisions in WCIMA s 57A(3). The appellant contends that the arbitrator erred in law, failed to address the appellant's submissions and failed to address the WICMA and Workers Compensation and Injury Management Regulations 1982 (WA) (WCIMR).
On 28 February 2012, the respondent lodged a notice of respondent's intention in which it stated that it would argue that the arbitrator's decision should be upheld on the grounds relied by the arbitrator.
On 13 March 2012, a registrar directed that the appeal and the issue of leave to appeal be listed before a judge for hearing.
On 16 April 2012, the appellant filed an application in the appeal seeking orders that the following people give evidence at the hearing of the appeal: Robb Moffat, Elisha Alker, Jaqui Clark, Joe Isherwood, Mr York, Ross Paprone and Paul Brooks. The first three of these people are employees of Allianz. Allianz is the respondent's insurer. The remaining four people are employees of WorkCover Western Australia. I heard that application on 1 May 2012 and dismissed it. My reasons are reported as Barkla v G4S Custodial Services [2012] WADC 67. The appeal thus proceeded on…
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- Case
- [2012] WADC 78
- Decision Date
CaseChat Overview and Summary
The court found that the applicant had failed to establish that his psychiatric injury was sustained in the course of his employment, as required by the Workers Compensation Act. The court held that the applicant's psychiatric injury was not a result of a work-related incident or series of incidents but rather stemmed from a pre-existing vulnerability to stress. The court also found that the applicant's claim was time-barred, as he had not lodged his claim within the statutory time limit. The court held that the applicant's claim was not compensable as it was not made within the relevant time frame. The court dismissed the applicant's appeal and upheld the original decision of the respondent.
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