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Rogers v Police Association Credit Co-Operative Limited

Rogers v Police Association Credit Co-Operative Limited

Case [2011] VCC 972

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AGLC: Rogers v Police Association Credit Co-Operative Limited [2011] VCC 972
Case: [2011] VCC 972
Decision Date: 1 July 2011

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Citations

Rogers v Police Association Credit Co-Operative Limited [2011] VCC 972

Most Recent Citation

Gosaye v Damorange [2021] VMC 19

Cases Citing This Decision

Gosaye v Damorange [2021] VMC 19
Citation 1 (Para 1)

…nd wilful misconduct’ defence because, if successful, the plaintiff worker would have no entitlement to compensation. [13] (1938) 60 CLR 336 [14] [2011] VCC 972 at [88]…

Cases Cited

Statutory Material Cited

Department of Education v Unsworth [2010] VSCA 77
Citation 1

…of Education and Anor v Unsworth ,[14] the Court noted that the parties had assumed that the defendant carries the onus under subsection 2A.[15] [14] [2010] VSCA 77 [15] in Leck ( op cit ) at paragraph 8 and in Unsworth ( op cit ) at paragraph 57 In earlier cases both in Victoria and interstate, it has been held…
State of Victoria v John Leck [2010] VSCA 76
Citation 2

…some indication as to how this subsection is to be construed and applied: (a) In State of Victoria v John Leck ,[12] the Court of Appeal stated: [12] [2010] VSCA 76 “… accepting that s 82(1) creates the bedrock entitlement to compensation, it is inescapable that s 82(2A) intendedly delimits that entitlement. We a…
Department of Education and Training v Sinclair [2005] NSWCA 465
Citation 3

…hole disciplinary process might, notwithstanding blemishes, amount to reasonable action.[21] [21] See Department of Education and Training v Sinclair [2005] NSWCA 465 19 Section 82(4) of the Act , together with s.82(4A) of the Act were substituted as a result of s.13 of the Accident Compensation Act 2010. That Act…
Commissioner of Police v Minahan [2003] NSWCA 239
Citation 4

…ble action the Court is required to have regard not only to the end result but to the manner in which it was effected.’” [20] [2003] NSWCA 239…
Jones v Dunkel [1959] HCA 8
Citation 5

…les of Jones v Dunkel ,[122] I infer that his evidence would not have assisted the defendant in relation to the meeting on 20 January 2005. [122] (1959) 101 CLR 298…
Briginshaw v Briginshaw [1938] HCA 34
Citation 6

…in discharging its onus to the balance of probabilities, was subject to the standard set out in Briginshaw v Briginshaw .[79] [79] (1938) 60 CLR 336 89 Counsel for the defendant tendered Exhibits C and D to the effect that Rachael Mason was unfit to give evidence due to the advanced state of her pregnancy. Accordin…
Sodexho Australia Pty Ltd v Rowe [2009] VSC 298
Citation 7

…ted” for him.[76] [75] See Woolworths (Vic) Pty Ltd v Jeffreys [2007] VSC 45 [76] See generally, Sodexho Australia Pty Ltd v Rowe [2009] VSC 298 86 Accordingly, absent the application of the defences relied on by the defendant pursuant to s.82(2A) and s.82(4) of the Act , I consider that the plaintiff has establi…
Woolworths (Vic) Pty Ltd v Jeffreys & Ors [2007] VSC 45
Citation 8

…the circumstances, I have formed the view that it is not work “suited” for him.[76] [75] See Woolworths (Vic) Pty Ltd v Jeffreys [2007] VSC 45 [76] See generally, Sodexho Australia Pty Ltd v Rowe [2009] VSC 298 86 Accordingly, absent the application of the defences relied on by the defendant pursuant to s.82(2A…

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