Catlow v Accident Compensation Commission

The appellant, Catlow, appealed to the High Court of Australia from a decision of the Full Court of the Supreme Court of Victoria. The dispute concerned the interpretation of section 95 of the Accident Compensation Act, which governs the calculation of pre-accident average weekly earnings for the purpose of determining weekly compensation payments. The matter had previously been before the Accident Compensation Tribunal.

The central legal issue before the High Court was the correct method for calculating a worker's pre-accident average weekly earnings under section 95 of the Accident Compensation Act. This calculation is fundamental to determining the quantum of weekly payments of compensation to which an injured worker is entitled.

The appellant argued that the Full Court of the Supreme Court of Victoria had erred in its interpretation of section 95. The Act, introduced in 1985, established a scheme where the Accident Compensation Commission assumed the bulk of liability for worker's compensation, departing from the previous system of direct employer liability and insurance. The appeal focused on the specific provisions within Part IV of the Act, which deals with the payment of compensation, and how the pre-accident earnings were to be ascertained for the purpose of calculating entitlements.