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Bruce Farrell v Debra Francis & Anor (No 2) (WorkCover)

Bruce Farrell v Debra Francis & Anor (No 2) (WorkCover)

Case [2015] VMC 18

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AGLC: Bruce Farrell v Debra Francis & Anor (No 2) (WorkCover) [2015] VMC 18
Case: [2015] VMC 18
Decision Date: 12 JUNE 2015

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Citations

Bruce Farrell v Debra Francis & Anor (No 2) (WorkCover) [2015] VMC 18

Most Recent Citation

Francis v Farrell [2016] VSC 251

Cases Citing This Decision

Francis v Farrell [2016] VSC 251
Citation 1

…us on the defendant. Largely speaking, the matters will be factual in nature and fall to the defendant to adduce. [4] Farrell v Francis & anor (No 2) [2015] VMC 18 (12 June 2015) (‘Reasons’).…

Cases Cited

Statutory Material Cited

Smorgon Steel Tube Mills Pty Ltd v Majkic [2008] VSCA 230
Citation 1 (Para 1)

…In arriving at my ultimate conclusion, I have also had regard to the decision of the Court of Appeal in Smorgon Steel Tube Mills Pty Ltd v Majkic [2008] VSCA 230 when commenting on the proper ambit of ‘suitable employment’ as that expression came to be introduced into amending legislation, the Court said:…
Dordev v Cowan & Ors [2006] VSCA 254
Citation 2 (Para 1)

…I have also endeavoured to consider the evidence in light of the following statement by the Court of Appeal in Dordev Cowan & VWA [2006] VSCA 254 at [14] (omitting citations) and relied on by Mr Gourlay of counsel for the first defendant that:…
Ansett Australia Ltd v Taylor [2006] VSCA 171
Citation 3 (Para 1)

…s for the plaintiff and this includes anti depressant medication and that I should treat this as admission of the type addressed in Ansett v Taylor [2006] VSCA 171. I disagree. I am not satisfied that any psychological sequelae inhibit the matter of capacity for suitable employment.…
Barwon Spinners Pty Ltd & Ors v Podolak [2005] VSCA 33
Citation 4 (Para 1)

…In Barwon Spinners Pty Ltd v Podolack [2005] 14 VR 622, the Court of Appeal said:…
Dinatale v Sweeney Research [2013] VSC 414
Citation 5 (Para 1)

…In Dinatale v Sweeney Research [2013] VSC 414 the grounds of appeal asserted that the Magistrate erred in law in failing to hold that, the worker having established a prima facie case that no suitable employment as defined in the Act was available to her, an evidentiary onus passed to the employer to adduce evide…
Sodexho Australia Pty Ltd v Rowe [2009] VSC 298
Citation 6 (Para 1)

…at exists between capacity for a return to modified duties as opposed to a work capacity for suitable employment: Sodexo Australia v Karen Rowe & Ors [2009] VSC 298.…
Public Transport Corporation v Pitts [2007] VSC 356
Citation 7 (Para 1)

…I regard my approach as consistent with the decision not only in Manthopoulos but of Smith J in Public Transport Corporation v Mervyn Pitts [2007] VSC 356.…

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