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Cases Citing This Decision
1
Statutory Material Cited
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Zlateska v Consolidated Cleaning Services Pty Ltd
[2006] VSCA 141
Citation 1
…g factor” test was upheld on appeal[1] and later endorsed by the Victorian Court of Appeal in Zlateska v Consolidated Cleaning Services Pty Ltd [2006] VSCA 141 [2] In doing so the Court observed (Maxwell ACJ, Eames and Redlich JJ) at [80]: [1] Carlton and United Breweries & Anor v Hegedis [2002] VSCA 61. If it can…
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Carlton and United Breweries and Anor v Hegedis
[2002] VSCA 61
Citation 2
…006] VSCA 141 [2] In doing so the Court observed (Maxwell ACJ, Eames and Redlich JJ) at [80]: [1] Carlton and United Breweries & Anor v Hegedis [2002] VSCA 61. If it can be shown that employment was a significant contributing factor, that will usually be sufficient to show that the injury was one ‘arising out of…
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Ogden Industries Pty Ltd v Lucas
[1967] HCA 30
Citation 3
(Para 69)
…In Ogden Industries Pty Ltd v Lucas (1967) 116 CLR 537 at 593 Windeyer J stated:…
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Federal Broom Co Pty Ltd v Semlitch
[1964] HCA 34
Citation 4
…67.The following dicta of Kitto J in Federal Broom Company Pty Limited v Semlitch (1964) 110 CLR 626 at 632-633 is pertinent: The second ground treats the word “employment” in the definition as something distinct both from the fact of the employment of the worker and from any consequence of the employment, and confin…
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Jones v Dunkel
[1959] HCA 9
Citation 5
(Para 29)
…vided a report to the court and there is no clinical record. The defendant asked me to draw an adverse inference in accordance with the principles in Jones v Dunkel (1959) 101 CLR 298. I do not do so. I am satisfied that it is explicable that there is no report history from Dr Albir based on his attitude expressed to th…
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Jones v Dunkel
[1959] HCA 8
Citation 6
(Para 29)
…to the court and there is no clinical record. The defendant asked me to draw an adverse inference in accordance with the principles in Jones v Dunkel (1959) 101 CLR 298. I do not do so. I am satisfied that it is explicable that there is no report history from Dr Albir based on his attitude expressed to the plaintiff…
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Hegedis v Carlton & United Breweries Ltd
[2000] VSC 380
Citation 7
…65.In Hegedis v Carlton and United Breweries Ltd (2000) 4 VR 296 the worker was injured whilst peeling an apple during a paid break. Ashley J held that employment was a significant contributing factor to the worker’s injury and made the following observation at [51]: …None the less, save in pretty exceptional case…