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Cases Citing This Decision
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Statutory Material Cited
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Smith v Canberra Press Pty Ltd
[2009] VSCA 200
Citation 1
…an application under s 135A has no bearing when considering whether the application under s 135A(2B) was brought within time or not.” [3] [2009] VSCA 200, at paragraph 11…
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AEP Industries Australia Pty Ltd v Mahmoud
[2007] VSCA 203
Citation 2
…ury at the relevant time; and second, whether those facts constituted knowledge of serious injury incapacity as explained in Humphries v Poljak . [1] (2007) 17 VR 144 11 As Ashley JA, with whom Maxwell ACJ and Nettle JA agreed, stated in Papercorp Pty Ltd v Nicolaou :[2] “It is for the judge hearing a s 135A(4)(b)…
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Papercorp Pty Ltd v Nicolaou
[2006] VSCA 143
Citation 3
…ed the template of serious injury incapacity, that template involving elements of fact, degree and value judgment.” [2] Howden v Ansett Australia [2006] VSCA 143, at paragraph 50…
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Edwards v McSaveney
[2005] VSCA 252
Citation 4
…7 The knowledge is not knowledge of serious injury, but rather knowledge of “incapacity arising from injury”.[6] [6] Edwards v McSaveney & Anor [2005] VSCA 252 18 While the knowledge is the subjective knowledge of the plaintiff, it is not her “subjective value judgment” of incapacity[7] which is to be taken into a…
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Paget v JLT Workers Compensation Services Pty Ltd
[2005] VSCA 144
Citation 5
…ibid ) at paragraph 28 16 Thus, knowledge means the subjective knowledge of the worker, not suspicion or knowledge as objectively assessed.[5] [5] Paget v JLT Workers Compensation Services Pty Ltd & Anor (2005) 12 VR 692, at paragraphs 26 and 29 17 The knowledge is not knowledge of serious injury, but rather knowledge of “incapacity arising from injury”.[6] [6…