Stella Maris College v Robin-True

The dispute between Stella Maris College and Robin-True arose in the context of a second claim for permanent impairment compensation, following the settlement of a first claim by way of a complying agreement. The case was heard in the New South Wales Court of Appeal, which was tasked with determining whether the second claim was barred by legislative amendments introduced by the Workers Compensation Legislation Amendment Act 2012. These amendments included sections 66A(3) and 66(1A) of the Workers Compensation Act 1987. The appeal hinged on the interpretation and application of these statutory provisions in light of the facts and circumstances of the case.

The court had to decide whether the legislative amendments precluded Robin-True from pursuing a second claim for permanent impairment compensation. This involved examining the legislative intent behind the amendments and considering whether the amendments applied retrospectively to bar claims that had been settled prior to their enactment. The court also needed to address whether the statutory provisions were consistent with the common law principles governing the waiver of rights to compensation under the Workers Compensation Act 1987. Furthermore, the decision in Cram Fluid Power Pty Ltd v Green [2015] NSWCA 250, which provided guidance on the interpretation of similar legislative provisions, was closely considered and applied.

In its reasoning, the court found that the legislative amendments did not have the effect of barring Robin-True’s second claim. The court held that the amendments did not apply retrospectively and thus did not preclude the claimant from pursuing compensation for permanent impairment. The court also found that the statutory provisions did not override the common law principles that allow for the waiver of rights to compensation. By applying the decision in Cram Fluid Power Pty Ltd v Green, the court concluded that Robin-True’s second claim was not barred and should proceed. Consequently, the Senior Arbitrator’s determination was revoked, and an order was made awarding compensation to Robin-True.