Philpott v Australian Plays Transform

Philpott brought a claim against Australian Plays Transform, seeking to determine whether his weekly compensation should include an assessment of the value of unpaid work he performed outside the school classroom. The dispute was heard and determined by the Supreme Court of Victoria. The primary issue before the court was whether an assessment of Philpott's ability to earn in suitable employment could include the value of alleged unpaid work performed outside the school classroom, and whether the law of restitution was relevant in this context. The court had to decide if the unpaid work should be considered when assessing Philpott's capacity to earn in suitable employment and, if so, how it should be valued.

The court found that the unpaid work performed outside the school classroom did not form part of Philpott's employment as a teacher and, therefore, could not be considered when assessing his capacity to earn in suitable employment. The court held that the law of restitution was not relevant in determining weekly compensation. The court held that the unpaid work was not relevant to the assessment of Philpott's work capacity, and therefore, it could not be considered when determining his weekly compensation. The court also held that the unpaid work did not constitute a benefit that could be recovered under the law of restitution.

The court's reasoning was based on the nature of Philpott's employment as a teacher and the specific duties and responsibilities that were outlined in his employment contract. The court found that the unpaid work performed outside the school classroom did not form part of Philpott's employment and, therefore, could not be considered when assessing his capacity to earn in suitable employment. The court also held that the law of restitution was not relevant in this context, as it was not a benefit that could be recovered. The court confirmed the Certificate of Determination dated 4 March 2022, with the amendment of the date from 27 September 2021 to 21 September 2021.