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Farrell v Francis & Ors (Workcover)

Farrell v Francis & Ors (Workcover)

Case [2017] VMC 21

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AGLC: Farrell v Francis and Ors (Workcover) [2017] VMC 21
Case: [2017] VMC 21
Decision Date: 22 September 2017

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Citations

Farrell v Francis and Ors (Workcover) [2017] VMC 21

Most Recent Citation

Jovanovic v Berkeley Challenge [2021] VMC 2

Cases Citing This Decision

Rossington v Hungry Hampers Catering (No 2) [2024] VMC 7
Citation 1

…ng to the various decisions referred to in the commentary to s.128(1) of the Accident Compensation Guide , each case will turn on its own facts. [3][2017] VMC 021 15I turn to the Explanatory Memorandum regarding Parliament’s intention with respect to s.94(1). Clause 94 confirms that the provision allows the Court…
Jovanovic v Berkeley Challenge [2021] VMC 2
Citation 2 (Para 2)

…es to open the same subject matter of litigation in respect of a matter which might have been brought forward as part of any earlier proceeding. [11] [2017] VMC 21 at [79]…

Cases Cited

Statutory Material Cited

Timbercorp Finance Pty Ltd (in liq) v Collins [2016] HCA 44
Citation 1 (Para 81)

…More recently in Timbercorp Finance Pty Ltd (in liquidation) v Collins [2016] HCA 44 the High Court unanimously dismissed appeals from the Court of Appeal of the Supreme Court of Victoria, holding that investors in a previous group proceeding against the Timbercorp Group were not precluded by estoppel or abuse o…
Momcilovic v The Queen [2011] HCA 34
Citation 2 (Para 31)

…strued where constructional choices are open to avoid or minimise the encroachment upon rights and freedoms at common law: Momcilovic v The Queen (2011) 245 CLR 1 at 46.…
Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41
Citation 3 (Para 30)

…In Alcan (NT) v Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27 the majority of the High Court said at 46-47:…
Scammell & Co v WorkCover Corporation [2006] SASC 258
Citation 4

…[3] See to like effect the decision of the Full Court of the Supreme Court of South Australia in Scammell & Co v WorkCover Corporation and Anor [2006] SASC 258…
Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 53
Citation 5 (Para 28)

…lation and therefore it should be construed in a manner consistent with that broad object and in light of its expressed purposes. In Project Blue Sky (1998) 194 CLR 355 the following principles of statutory construction were distilled as relevant where resort to statutory construction is required and these include:…
Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45
Citation 6 (Para 78)

…The plaintiff also resists the relief by the VWA relying on the principles expressed in Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR589 (‘Anshun’). The VWA submitted that the principles set out in have no application and, in the alternative, if they do, then I should exercise any discretion in the VWA’s favour based on ‘public policy’…
Kay v Legal Profession Tribunal [2000] VSC 463
Citation 7 (Para 32)

…his regard could not have been more clearly expressed. The plaintiff’s counsel referred to the decision of Kay v Legal Profession Tribunal & Anor [2000] VSC 463 [3] . However, Kay’s case was concerned with action taken by a solicitor to set off from the compensation payable to the worker the solicitor’s professio…

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