DLZ (By His Litigation Guardian Iskra Nikolovski) v Transport Accident Commission
[2017] VSCA 134
Citation 1
(Para 8)
…service’, by reference to its text, in its context, and bearing in mind the legislative purpose of the provisions of the Act’.[12] [11] [2017] VSCA 134. [12] Ibid , [37].…
Russell v Transport Accident Commission
[2004] VSC 442
Citation 2
(Para 3)
…similarly defined to have regard to ‘the necessity of the service or provision … in the circumstances’.[4] His Honour had this to say: [3] [2004] VSC 442 (‘Russell’) . [4] Transport Accident Act 1996 , s 3(1)(c)(ii). In assessing what expenditure is reasonable, one must therefore consider the necessity of the se…
Watson v Yooralla
[2020] VMC 30
Citation 3
(Para 5)
…to the need to consider all the circumstances of the case. He also had this to say regarding the operation of the guidelines and the Act itself: [7] [2020] VMC 30, [11] (‘Watson’) . Whilst the court should have regard to the matters set out in WorkSafe’s Guidelines, the ultimate test to apply in accordance with…
Taylor v Tehree
[2015] VMC 42
Citation 4
(Para 6)
…y construed and that only documents referred to strictly as being ‘guidelines’ should be regarded as such for the purposes of the Act.[8] [8] [2015] VMC 42 ( ‘Taylor’ ).…