I.C. Formwork Services Pty Limited v Moir

The appeal concerned a claim for damages for personal injury brought by Mr. Moir against I.C. Formwork Services Pty Limited. The dispute arose from an incident where Mr. Moir sustained injuries while working on a construction site. The central question before the Supreme Court of the Australian Capital Territory was which jurisdiction's workers compensation law applied to Mr. Moir's claim.

The primary legal issue before the Court was the interpretation and application of section 36B(3) of the *Workers Compensation Act 1951* (ACT). This provision dictates the substantive law applicable to a claim for damages where there is a connection to more than one State or Territory. Specifically, the Court had to determine whether Mr. Moir was "usually based" in the Australian Capital Territory for the purposes of this section.

The Court reasoned that the "usually based" test required an assessment of the worker's habitual place of employment. Applying this test to the facts, the Court found that Mr. Moir's employment had a sufficient and substantial connection to the Australian Capital Territory, meaning he was usually based there. This conclusion was based on the evidence presented regarding the nature and duration of his work within the ACT.

Consequently, the appeal brought by I.C. Formwork Services Pty Limited was dismissed.