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Cases Citing This Decision
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Statutory Material Cited
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M & J Rawlings Builders And Contractors v Rawlings
[2010] VSCA 306
Citation 1
…( Morris & Joan Rawlings Builders and Contractors v Rawlings [2010] VSCA 306 at paragraphs 30 and 31); b.the “ incapacity ” for the purposes of section 135AC(b) is “ relatively similar “ to “ the incapacity arising from the injury ” referred to in section 135A(2)(b). The phrase, “ the incapacity arising from the i…
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Papercorp Pty Ltd v Nicolaou
[2006] VSCA 143
Citation 2
…onstituted for the purposes of the subsection by a single consequence ” ( Papercorp Pty Ltd v Nicolaou & Anor [2006] VSCA 143 at paragraph 33 per Ashley JA); d.“ the test is ‘ knowledge’ , not suspicion or awareness of facts that convey information to another, but actual subjective knowledge on the part of the [pl…
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Edwards v McSaveney
[2005] VSCA 252
Citation 3
…serious long term impairment or loss of a body function ”. This approach was followed by Ashley JA in Edwards v McSaveny [2005] VSCA 252 at paragraph 20; c.“ the words ‘the incapacity arising from the injury’ in s. 135AC(b) should be taken to mean any consequence , known to the worker deriving from compensable in…
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Paget v JLT Workers Compensation Services Pty Ltd
[2005] VSCA 144
Citation 4
…a v Collins [1999] 1 VR 215 at 222 and the definition was adopted by Callaway JA in Paget v JLT Workers Compensation Services Pty Ltd [2005] VSCA 144 at paragraph 30 as appropriate for a determination under section 135AC(b). Such “ incapacity ” was “ not the temporary incapacity for work produced by the initial in…
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Barlow v Hollis
[2000] VSCA 26
Citation 5
…on the Full Court’s determination in the successful appeal in the matter of Jarvis , one of the cases reported as Humphries v Poljak [1992] 2 VR 129, at 146. Mr Jarvis was 56 years old and had injured his knee as a result of a motor vehicle accident. There was a reasonable expectation that he would continue…