Denhard and Comcare (Compensation)

This matter concerned a dependency claim brought by the children of a deceased employee, Dale and Paul Denhard, against Comcare. The applicants sought to establish that they were wholly or partly dependent on their late father for economic support at the time of his death, following an accepted work-related death claim and the payment of funeral expenses. The dispute centred on whether the applicants met the definition of "dependent" as provided in section 4 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act).

The court was required to determine whether Dale and Paul Denhard were wholly or partly dependent on their father for economic support at the time of his death on 30 April 2004. This involved assessing the nature and extent of any financial reliance the applicants had on their father, considering their individual circumstances, including their health and employment histories, and any pension benefits they were receiving. The court also had to consider whether the applicants qualified as "prescribed children" under the SRC Act.

The Deputy President McDermott affirmed the decision under review, finding that there was no cogent evidence to establish that either applicant was wholly or partly dependent on their father for economic support at the time of his death. While acknowledging the applicants' long-standing histories of illness and inability to work, and that they lived with their father, the Deputy President noted inconsistencies in Dale Denhard's statements regarding his living arrangements and financial contributions. Furthermore, the applicants were in receipt of pension benefits, and there was a lack of concrete financial records or evidence to substantiate claims of financial support from their father. The Deputy President also noted that both applicants were over 25 years of age, precluding them from being considered "prescribed children" under the Act.