Thomas v CGU
[2020] TASSC 38
Citation 1
(Para 39)
…f East and Wadley , they are consistent with the principles enunciated in those judgements. A summary of those decisions can be found in Thomas v CGU [2020] TASSC 38 ( Thomas ) at [22]: The Tribunal noted the paucity of cases in this jurisdiction on the matter of the state of connection, and identified the princip…
Ethnic Interpreters and Translators Pty Ltd v Sabri-Matanagh
[2015] WASCA 186
Citation 2
(Para 39)
…ential or cascading series of steps or tests for determining the State of connection: Ethic Interpreters and Translators Pty Ltd v Sabri-Matanagh [2015] WASCA 186 at [52] and Tamboritha Consultants Pty Ltd v Knight [2008] WADC 78 at [15]. · The sequential or cascading approach means the tests are not applied togeth…
Ferguson v WorkCover Queensland
[2013] QSC 78
Citation 3
(Para 39)
…h cases there will be no one state identifies as the State where the worker usually works: Ferguson v Workcover Queensland [2013] QSC 78 at [34]. · That for the proviso stipulated by s 31A(6)(b) to have any work to do, any temporary arrangement contemplated by that provision must be seen as part of a longer or i…
Klemke v Grenfell Commodities Pty Ltd
[2011] NSWWCCPD 27
Citation 4
(Para 39)
…that provision must be seen as part of a longer or indefinite period of employment: Klemke v Grenfell commodities Pty Ltd [2011] NSWWCCPD 27 at [80]. · The use of the term ‘usually based’ in s 31A(3)(b) suggest it has a difference meaning to the term ‘usually works’ in s 31(3)(a): Tamboritha Consultants Pty Ltd v Kni…
Avon Products Pty Ltd v Falls
[2010] ACTCA 21
Citation 5
(Para 24)
…Both Counsel also accepted that the observations in Avon Products Pty Ltd v Magrit Falls [2010] ACTCA 21 ( Avon ) as to the test for establishing the state of connection provided by s37(3) of the WIRC Act is a cascading test. In applying the legislative tests: ‘… it is not appropriate to look for the best answer i…
Martin v R J Hibbens Pty Ltd
[2010] NSWWCCPD 83
Citation 6
(Para 39)
…les derived from those cases are as follows: · Regard should always be had to the terms of the contract of employment: Martin v RJ Hibbens Pty Ltd [2010] NSWWCCPD 83 at [60]. · Section 31A(3) provides a sequential or cascading series of steps or tests for determining the State of connection: Ethic Interpreters and Tr…
Tamboritha Consultants Pty Ltd v Knight
[2008] WADC 78
Citation 7
(Para 39)
…e of connection: Ethic Interpreters and Translators Pty Ltd v Sabri-Matanagh [2015] WASCA 186 at [52] and Tamboritha Consultants Pty Ltd v Knight [2008] WADC 78 at [15]. · The sequential or cascading approach means the tests are not applied together. As explained in Avon Products Pty Ltd v Falls [2010] ACTCA 21 a…
Hanns v Greyhound Pioneer Australia Ltd
[2006] ACTSC 5
Citation 8
(Para 39)
…ere the worker habitually or customarily works or where he works in a regular manner: Hanns v Greyhound Pioneer Australia Limited [2006] ACTSC 5 at [26]. · The fact a worker’s time is predominantly spent in one State does not necessarily mean that State is the only State in which the worker ‘usually works.’ The w…
Wadley v Ron Finemore Bulk Haulage Pty Ltd (Ruling)
[2013] VSC 102
Citation 9
(Para 28)
…Section 80 was considered by the Supreme Court of Victoria in Wadley v Ron Finemore Bulk Haulage Pty Ltd (Ruling) [2013] VSC 102 ( Wadley) . The worker was a truck driver who worked both in Victoria and NSW, so the matter fell for determination under s80(3)(c) on the basis that the Defendant’s principal place of…
Hall v Joblink
[2023] VMC 8
Citation 10
(Para 40)
…In Hall v Joblink [2023] VMC 8 (Hall) , the worker was an interstate truck driver. Magistrate Wright said the parties agreed that the prime consideration was the worker’s employment prior to the incident on 21 December 2020 at 6.30am in Victoria, the worker having commenced employment the previous day in NSW at…
East v Awma Pty Ltd and Victorian WorkCover Authority
[2013] VCC 637
Citation 11
(Para 31)
…Section 80(3)(a) and (b) of the AC Act was also considered by Carmody J in East v AWMA Pty Ltd & Victorian Workcover Authority [2013] VCC 637 ( East ). In that case the worker was an installer of irrigation gates and ‘usually worked’ in both Victoria and NSW. The worker’s contract of employment stipulated his pla…