Accident compensation - Worker - Injury in course of employment - Claim for damages against employer - Whether claim barred by Accident Compensation Act 1985 - Whether proceedings in respect of injury for which worker entitled to compensation under Act - Accident Compensation Act 1985 (No. 10191), s4, s135.

Accident compensation - Calculation of pre-injury earnings - Worker's ordinary time rate of pay for worker's normal number of hours per week - Single concept - Whether concept includes overtime - Effect of change in rate of pay during period - Accident Compensation Act 1985 (No 10191), s95(1).

Practice and procedure - Accident compensation - Appeal to Full Court - Notice of appeal in prescribed form required to be given - No notice prescribed - Whether notice in apprapriate form prerequisite to appeal - Accident Compensation Act 1985 (No 1019:1), s68.

Accident compensation - Construction - Independent contractor - "Deemed worker" - "Deemed employer" - "Relevant contract" - Earnings - "Pre-injury average weekly earnings" - Ascertainment where "deemed" worker - "Partial incapacity" - Entitlement to compensation - Onus of proof - Accident Compensation Act 1985 (No 10191), s9, s94, s95, s113.

Accident compensation - Estoppel - Res judicata - Recommendation by conciliation division - Effect of recommendation - Whether party estopped per rem judicatam - Whether time limit for application for determination mandatory - Accident Compensation Act 1985 (No 10191), s52, s71, s71A, s82, s101, s103, s108, s109, s117.

Accident compensation - Motor vehicles - Compensation for injury - Injury arising out of use of motor vehicle - Child placed in car in anticipation of and preparatory to departure - Car engine being adjusted by mechanics - Child suffering brain damage from inhalation of carbon monoxide - "Transport accident" - Transport Accident Act 1986 (No 111), s3.

Accident compensation - Industrial deafness - Partial loss of hearing Attributable to exposure before and after appointed day - Whether whole of compensation assessable under s98 of Accident Compensation Act 1985 Accident Compensation Act 1985 (No 10191), s4, s5, s82, s88, s98 and s129.

Accident compensation - Levy - Labour agency - Whether employer - Whether liable to pay levy - Accident Compensation Act 1985 (No 10191), s8, s9, s186, s187.

Accident compensation - Motor vehicles - Compensation for injury - Mobile concrete pumping unit Whether - "motor car - "Whether used in a way incidental to its normal use - Whether injury caused by or arising out of use of motor car - Motor Car Act 1958 (No 6325), ss. 3,46(1).

Accident compensation - Death - Prior recovery of damages at common law by deceased - Whether bar to application for compensation by dependants - Workers Compensation Act 1958 (No. 6419), s63(3), s64(c).

Accident compensation - Damages - Personal injuries - Nonpecuniary loss Plaintiff injured when struck by motor vehicle on his way to work - Whether amount of damages restricted to $140,000 - Whether damages should be reduced by the amount of compensation paid under Accident Compensation Act 1985 - Construction of Act - Accident Compensation Act 1985 (No. 10191), s135.

Accident compensation - Levy payable by employer - Power of Accident Compensation Commission to reduce levy - Establishment continuously in operation since 1 September 1985 - Employer transferring same operations from one establishment to another after 1 September 1985 - Whether establishment continuously in operation - Accident Compensation Regulations 1985, reg31(3).

Accident compensation - Damages - Whether statutory limit of $140,000 subject to indexation - Whether interest allowable on maximum damages of $140,000 - Accident Compensation Act 1985 (No 10191), ss100(1),135(3A).

Accident compensation - Worker - Injuries suffered in car accident during journey to work - Compensation payments received - Claim for damages at common law - Whether damages should be reduced by amount of compensation - Accident Compensation Act 1985 (No 10191), s135(4A).

Statutes - Interpretation - Retrospective operation - Context - Accident Compensation Act 1985 (No 10191), s 135(4A).

Accident compensation - Motor Vehicles - Compensation for injury - Whether injury caused by or arose out of use of motor vehicle - Transport Accident Act 1986 (No 111), s3.

Accident compensation - Accident Compensation- Tribunal - Power to declare rights as to future expenses - "Medical service" - "Attendant care" - "Rehabilitation" - "Curative appliance" - Workers Compensation Act 1958 (No. 6419), s26.

Statutes - Interpretation - Definition of term - Whether inclusive or exhaustive - "Medical service" - Workers Compensation Act (No. 6419), s26.

Accident compensation - "Injury" - Cerebral haemorrhage - Whether "physical injury" Accident Compensation Act 1985 (No. 10191), s5, s82(1), s83(2)(a)(ii).

Accident compensation - Appeals to Supreme Court from Accident Compensation Tribunal - Jurisdiction - When determination made by tribunal - When notice of intention to appeal from determination must be given - Effect of failure to give notice within prescribed time after determination made - Accident Compensation Act 1985 (No 10191), s68, s72.

Accident compensation - Calculation of pre-injury earnings Worker's "ordinary time rate of pay" - Whether overtime and shift allowances included - Whether industrial award fixed ordinary time rate of pay - Accident Compensation Act 1985 (No 10191), s95.

Accident compensation - "Serious injury" - What constitutes "serious injury" - "Whiplash" - Transport Accident Act 1986 (No 111), s93(17).

Accident compensation - "Transport accident" - "Incident directly caused by or directly arising out of the driving of motor car" - "Driving" - Whether driving includes being in charge of motor car - Transport Accident Act 1986 (No 111), s3(1) - Transport Accident (Amendment) Act 1988 (No 32), s4(1)(c)(ii).

Accident compensation - Motor accident - Payment of compensation by insurer - Claim for reimbursement by insurer - Amount payable - Workers Compensation Act 1958 (No. 6149), s8(2B), s8(2D).

Accident compensation - Assessment of injury to worker - Loss of mental powers - "Involving inability to work" - Whether necessary to show inability to perform work at all - Partial incapacity - Whether necessary to show total loss of mental powers - Inability to do usual work - Accident Compensation Act 1985 (No. 10191), s98.

Accident compensation - Action by Accident Compensation Commission for indemnity - Nature of action - Whether action in tort or contract - Accident Compensation Act 1985 (No. 10191), s138 - Supreme Court Rules, r47.02.

Accident compensation - Worker - Contribution injury - Determination of liability of contributing insurer - Relevant date - Assessment - Whether entitlement to compensation extinguished by fully satisfied common law settlement - Workers Compensation Act 1958 (No 6419), s63(3), s64, s71(1), s72 - Accident Compensation Act 1985 (No 10191), s129B(6)(a)(iii), s135.

Accident compensation - Assessment by commission - Review by tribunal - Refund due in consequence of review - Whether and from when interest is payable - Accident Compensation Act 1985 (No 10191), s129G(11), s129G(12), s129G(13), s129G(14).

Statutes - Interpretation - Use of extraneous material as aid to interpretation - Interpretation of Legislation Act 1984 (No 10096), s35.

Practice and procedure - Appeal - Accident compensation - Order for refund - Application for stay pending appeal made by commission - Whether discretion to grant stay - Accident Compensation Act 1985 (No 10191), s61(7).

Accident compensation - Statutory scheme - Application out of time - Amending Act giving discretion to extend time - Procedural amendment - Whether amendment applicable to claim - Accident Compensation Act 1985 (No 10191), s56(8), s117(6) - Accident Compensation (General Amendment) Act 1989 (No 64), s31(4), s32(1), s33(1).

Statutes - Retrospective operation - Procedural amendment - Interpretation of Legislation Act 1984 (No 10096), s14(2).

Practice and procedure - Case stated - Costs.

Accident compensation - Transport accident - Statutory compensation scheme - Threshold test to common law proceedings - Meaning of "serious injury" - Transport Accident Act 1986 (No. 111), s93(4), s93(6) and s93(17).

Practice and procedure - Appeal to Full Count from County Court - Function of Full Court on appeal - County Court Act 1958 (No. 6230), s74.

Statutes - Interpretation - Use of extrinsic materials - Parliamentary debates - Intention of legislature - Interpretation of Legislation Act 1984 (No. 10096), s35(b).

Accident compensation - Gradual process injury - before and after appointed day - Entitlement to compensation for entire period - Accident Compensation Act 1985 (No 10191), s82(1), (6).

Accident compensation - Contribution injury - Industrial deafness - Attributable to exposure before and after appointed day - Amount of contribution - Period in respect of which contribution liability relates - Accident Compensation Act 1985 (No 10191), s88(4), s126A, s129B(7) and s129B(8).

Accident compensation - Disease due to nature of any employment - "Employment" - What is encompassed in employment - Classification of worker's employment - Whether employment may be defined in terms of increased risk - Accident Compensation Act 1985 (No 10191), s86.

Appeal - Appeal on question of law - Whether question of law identified in appeal - Accident Compensation Act 1985 (No. 10191), s61.

Accident compensation - Worker's "current weekly earnings" - "Actual earnings during the week" - Whether net profits of business conducted by worker constitute worker's "actual earnings" - Redemption of weekly benefits - Accident Compensation Act 1985 (No 10191), s5B(1), s93A, s115(2), and s115(6).

Accident compensation - Transport accident - Period of entitlement to compensation of injured earner - Whether five days to be excluded from period must be earning days - Transport Accident Act 1986 (No 111), s43(1)(a), s44(1).

Accident compensation - Workers' compensation - Statutory benefits increased - Increase applicable to pre-amendment injury - Employer's liability increased by "additional amount" - "Additional amount" payable by insurer on behalf of employer - Recompense from statutory fund for insurer - Contribution agreement between successive insurers - Whether relevant date is date of earliest or latest compensable injury - Whether recompense available to insurer only if payment made other than by virtue of contribution agreement or common law claim - Whether recompense available to insurer only if all injuries are pre-amendment injuries - Workers' Compensation Act 1958 (No 6419), s2A(3), s2C(5), s2C(7), s2D(1), s2D(2), s2G(1), s2G(3).

Accident compensation - Employer's levy - Classification of employer's industry - "Activity" and "predominant activity" at establishment - Predominant activity determined by reference to work of employees at that establishment - Whether temporary staff deemed to work at establishment - Accident Compensation Act 1985 (No 10191), s181(3), and s182(1).

Accident compensation - Workers' compensation scheme - Employer's levy - Classification of employer's industry - Contiguous areas - Separation of establishments at commission's discretion - Degree of separateness needed - "Predominant activity" in operations at establishment - Predominant activity determined by reference to work of employees at that establishment - Accident Compensation Act 1985 (No 10191), s181(1), s181(2), s182(1), s182(2), s187(2), s187(3) - Accident Compensation Regulations 1990, Sch 6.

Accident compensation - Transport accident - Injury in course of employment - Statutory compensation scheme - Damages in respect of "serious" injury - Whether damages confined to "journey" transport accident and not "workplace" transport accident - Accident Compensation Act 1985 (No. 10191), s135(1)(ac)(i) - Transport Accident Act 1986 (No. 111), s38(2), s93(10).

Accident compensation - Transport accident - Injury in course of employment - Statutory compensation scheme - Threshold test to common law proceedings - Whether particular decisions of Transport Accident Commission in relation to threshold test reviewable by Administrative Appeals Tribunal - Transport Accident Act 1986 (No 111), s34, s38, s47, s63, s77, and s93 - Accident Compensation Act 1985 (No 10191), s135.

Statutes - Interpretation - Use of amending Act in interpreting unamended sections of principal Act - Use of extrinsic materials - Parliamentary debates.

Accident compensation - Transport accident - Leave to bring common law proceedings - Serious injury - Aggravation of pre existing condition - Transport Accident Act 1986 (No 111), s93.

Accident compensation - Transport accident - Motor vehicle - Fork-lift - Whether intended to be used on a highway or in a public place - Objective test - Evidence of user - Accident Compensation Act 1985 (No 10191), s135(1)(ac) - Transport Accident Act 1986 (No 111), s3(1) - Road Safety Act 1986 (No 127), s3(1).

Accident compensation - Worker - Damages - Non-pecuniary loss - Statutory limit on damages - Contributory negligence - Whether apportionment made to initial assessment or to statutory maximum - Accident Compensation Act 1985 (No 10191) s135, s135A - Wrongs Act 1958 (No 6420) s26(1).

Accident compensation - Transport accident - Damages - Serious injury - Common law claim - Compensation claim statute-barred - Whether common law claim barred - s93 certificate - Impairment assessment - Transport Accident Act 1986 (No 111) s46A, s47, s68, and s93 - Transport Accident Amendment Act 1988 (No 32).

Accident compensation - "Transport accident" - Whether incident directly arose out of driving a motor vehicle - Meaning of "directly arising out of" - Transport Accident Act 1986 (No 111) s3(1).

Accident compensation - Worker - Serious injury - Common law proceeding for damages - Whether determination of serious injury a precondition to commencement of common law proceeding - What constitutes a determination of degree of impairment - Accident Compensation Act 1985 (No 10191) s135A.

Accident compensation - Transport accident - Death benefit - Meaning of "earner" - Eligibility for age pension - Substantive and procedural requirements - Transport Accident Act 1986 (No 111) s3(1), s57 - Social Security Act 1947 (Cth) s42, s43, s44, s47.

Accident compensation - Contribution injury - Contribution by insurer - Assessment by commission of amount of contribution - Review by tribunal - Application for information about worker's medical treatment - Absence of consent from worker - Report by Recoveries Review Committee - Tribunal's power to release report - Tribunal's power to order medical practitoner to give evidence - Whether information of treatment after the ''appointed day'' may be obtained - Accident Compensation Act 1985 (No. 10191) s129i.

Accident compensation - Accident Compensation Commission - Reclassification of establishment - Date of commencement of reclassification - Accident Compensation Tribunal - Power to review commission's decisions - Power to fix date of operation of reclassification - Meaning of "arising out of Accident Compensation Act 1985 (No 10191) s51, s53, s61(3), s181, s182, s187, s217, s218.

Accident compensation - Workers compensation - Injury arising out of or in the course of employment - Injury worsened by medical negligence - Damages - Damages for pecuniary loss - Statutory prohibition on damages for pecuniary loss - Exceptions to statutory prohibition - Accident Compensation Act 1985 (No 10191) s135(1).

Accident compensation - Damages - Non-pecuniary loss - Whether damages excessive - Whether determination by reference to jury assessment or amount reduced by statute - Principles for assessment of general damages for personal injury - Assessment of general damages by appeal court - Accident Compensation Act 1985 (No 10191) s135(3A).

Accident compensation - Worker - Redundancy payment - Weekly payments - Period of entitlement - Period of non-entitlement - Whether period of entitlement to weekly payments suspended during period of non-entitlement - Whether period of entitlement co-terminous with period of non-entitlement - Accident Compensation Act 1985 (No 10191) s82, s93, s93A, s93B, s96.

Accident compensation - Workers' compensation - Workers' compensation insurer - "Responsibility costs" under statutory insurance policy - Victorian Workcover Authority - Liability of Victorian Workcover Authority for failed insurer's responsibility costs - Meaning of "claim" - Solicitors' fees incurred by insurer - Whether responsibility costs act Workers Compensation Act 1958 (No 6419) s98, s101, s102.

Accident compensation - Injury occurring between 31 August 1985 and 30 June 1993 - Statutory "transfer" of liability from Victorian WorkCover Authority to authorised insurer - Whether authority remains liable to pay compensation - Accident Compensation (WorkCover Insurance) Act 1993 (No 50) s1, s5, s7, s34, s46(a), s63, s75 - Accident Compensation Act 1985 (No 10191) s125.

Accident compensation - Transport accident - Leave to bring common law proceedings - "Serious injury" - "Permanent serious disfigurement" - Abdominal scarring - Subjective response to disfigurement - Transport Accident Act 1986 (No 111) s93.

Accident compensation - Worker - Serious injury - Common law proceeding for damages - Whether determination of serious injury a precondition to commencement of common law proceeding - What constitutes a determination of degree of impairment - Accident Compensation Act 1985 (No. 10191) ss. 93B 135A.

Accident compensation - Worker - Whether claimant a "worker" - Decision of appeals board - Application to County Court - Onus of proof - Appeal - Appeal to Court of Appeal - Question of law - Accident Compensation Act 1985 (No. 10191) ss. 52 118 119 121.

Employer and employee - Independent contractor - Servant - Factors relevant in distinguishing between servant and independent contractor.

Accident compensation - Transport accident - Leave to bring common law proceedings - "Serious injury" - "Permanent serious disfigurement" - Scarring - Transport Accident Act 1986 (No. 111) s. 93.

Limitation of actions - Extension of time within which to bring action - Application for leave to bring common law action - Claim within time when application instituted - Claim statute-barred when application finally determined - Limitation of Actions Act 1958 (No. 6295) s. 23A.

Accident compensation - Transport accident - Limitation of actions - Commencement of limitation period - First manifestation of injury for which compensation sought - First manifestation of any injury caused by accident which caused injury for which compensation sought - Transport Accident Act 1986 (No. 111) s. 68(1).

Accident compensation - Transport accident - Damages - Medical and hospital expenses - Payable by plaintiff's employer subject to reimbursement out of damages - Whether damages should include compensation for medical and hospital expenses - Transport Accident Act 1986 (No. 111) ss. 37(g) 60(1)(a) 93(10)(b).

Accident compensation - Workers compensation - Negligence - Duty of care - Proximity - Cyclist injured in accident caused by negligence of motorist - Cyclist's employer liable to pay workers compensation - Whether motorist owed employer a duty of care - Employer's statutory right of indemnity - Contributory negligence - Apportionment - Workers Compensation Act 1958 (No. 6419) ss. 63(2) 67.

Accident compensation - Transport accident - Whether Transport Accident Commission liable to pay compensation - Accident outside Victoria - Vehicle registered interstate - Vehicle usually kept in Victoria - Whether vehicle "exempt from registration" in Victoria - Statutes - Interpretation - Constitutional law - Extraterritorial effect of legislation - Meaning of "exempt" - Transport Accident Act 1986 (No. 111) ss. 3 35(1) - Road Safety Act 1986 (No. 127) ss. 7 95 Sch. 2.

Accident compensation - Worker - Damages - Assessment - Multiple claims - Global sum apportioned among separate claims - Whether permissible method of assessment - Contributory negligence - Plaintiff's inadvertence, inattention or misjudgment - Plaintiff's status as leading hand - Accident Compensation Act 1985 (No. 10191) s. 135.

Accident compensation - Transport accident - Brain damage - Level of permanent impairment - Guides to the Evaluation of Permanent Impairment - Disturbance of complex integrated cerebral function - Fourfold classification - Ability to carry out "daily activities" - Whether applicant could carry out daily activities without supervision and/or direction - Transport Accident Act 1986 (No. 111) ss. 46A 53.

Accident compensation - Transport accident - "Serious injury" - "Severe long-term behavioural disturbance" - Whether symptoms consciously or unconsciously motivated - Transport Accident Act 1986 (No. 111) s. 93.

Accident compensation - Apportionment of liability between authority and insurer - Proceeding brought in County Court - Appeal - Whether normal rights of appeal from County Court excluded - Whether appeal only on question of law - Accident Compensation Act 1985 (No. 10191) ss. 52 129P 129S 134 - County Court Act 1958 (No. 6230) s. 74.

Accident compensation - Transport accident - Limitation of actions - Application for review of decision of Transport Accident Commission - Extension of time within which to bring application - Transport Accident Act 1986 (No. 111) ss. 77 83 - Administrative Appeals Tribunal Act 1984 (No. 10155) s. 31.

Accident compensation - Transport accident - Meaning of "serious injury" - Whether injury must be "very considerable" - Significance of inability to pursue former occupation - Transport Accident Act 1986 (No. 111) s. 93(4) 93(6) 93(17).

Accident compensation - Transport accident - Leave to bring common law proceedings - Serious injury - Meaning of "serious" - Guidance of "very considerable" test - Severe long-term mental or severe long-term behavioural disturbance or disorder - Meaning of "severe" - Whether stronger than "serious" - Appeal - Principles applicable to appeal from determination regarding serious injury - Whether same principles as for appeals from discretionary judgments - Fresh evidence - Whether admissible - Transport Accident Act 1986 (No. 111) s. 93(4) 93(17) - Supreme Court Rules Ch. I r. 64.22(3).

Accident compensation - Transport accident - Claim for impairment benefit - Transport Accident Commission - Administrative law - Administrative Appeals Tribunal - Review by tribunal of commission's decision - Statutory obligation on commission to disclose relevant material to tribunal - Failure by commission to disclose relevant material - Failure by claimant to disclose material - Tribunal upholding commission's decision - Appeal to Supreme Court - Relevant material withheld from tribunal disclosed to court - Administrative Appeals Tribunal Act 1984 (No. 10155) s. 36(1) - Transport Accident Act 1986 (No. 111) s. 38(2).

Accident compensation - "Serious injury" applications - Practice and procedure - Procedure for dealing with applications "on the papers" - No hearing - No right of cross-examination - Natural justice - Procedural fairness - Accident Compensation Act 1985 (No. 10191) s. 135A - Transport Accident Act 1986 (No. 111) s. 93 - County Court Rules Ch. I r. 40.04(2).

Accident compensation - Transport accident - Motor vehicle - Motor cycle - Not used on a highway for many years - Whether "intended to be used on a highway" - Meaning of "intended" - Objective test - Transport Accident Act 1986 (No. 111) ss. 3(1) 35 - Road Safety Act 1986 (No. 127) s. 3(1).

Accident compensation - Sporting contestants - Statutory deemed employment - Stable-hand employed by racehorse trainer - Injury suffered in riding accident - Deterioration following return to work as stable-hand - Claim for damages against trainer and racecourse occupier - Third party claims by occupier against insurers - Whether stable-hand a deemed employee of occupier - Whether licensed to ride by occupier - Compensation paid by insurer to stable-hand for incapacity - Claim by insurers against occupier for indemnity in respect of compensation - Whether injury attributable to act, default or negligence of third party - Identification of injury in respect of which compensation was paid - Negligence - Employer and employee - Whether trainer liable for condition of track - Accident Compensation Act 1985 (No. 10191) ss. 16(4)(b) 98 138.

Accident compensation - Workers compensation - Serious injury - Damages - Pecuniary loss - Serious injury suffered before 1 December 1992 - Incapacity not known until after 1 December 1992 - Meaning of "incapacity" - Accident Compensation Act 1985 (No. 10191) ss. 135 135A(2)(b) 135A(19) - Accident Compensation (WorkCover) Act 1992 (No. 67) s. 46.

Accident compensation - Workers compensation - Injury arising out of or in the course of employment - Apprentice worker - Injury occurring while the worker attended a school as an apprentice - Damages - Damages for pecuniary loss - Statutory prohibition on damages for pecuniary loss - Exceptions to statutory prohibition - Accident Compensation Act 1985 (No. 10191) ss. 83(2) 135(1).

Precedent - Court of Appeal - Full Court - Whether Court of Appeal is bound by a decision of its own or the Full Court.

Accident compensation - Transport accident - Leave to bring common law proceedings - Serious injury - Death of injured person from other causes - No steps taken to establish "serious injury" before death - Whether cause of action vested in injured person at death - Application for leave to bring proceedings made by personal representative - Whether maintainable - Whether application maintainable after tortfeasor's death - Meaning of "serious injury" - Transport Accident Act 1986 (No. 111) ss. 3(5)(c) 93 94(7) - Administration and Probate Act 1958 (No. 6191) s. 29.

Accident compensation - Workers compensation - Serious injury - Damages - Injury occurring before 1 December 1992 - Proceedings not commenced before 30 June 1994 - Statutory exclusion of damages - Whether exclusion applies to "serious injury" cases - Accident Compensation Act 1985 (No. 10191) ss. 135A(2)(b) 135B - Accident Compensation (Amendment) Act 1994 (No. 50) s. 64.

Accident compensation - Workers compensation - Weekly payments - Recovery from injury within 12 months of commencement of weekly payments - Statutory requirement that employer re-employ worker - Tort - Breach of statutory duty - Whether employer liable to worker for failing to re-employ - Whether obligation to re-employ only arises when employer aware of worker's recovery within the 12 month period - Accident Compensation Act 1985 (No. 10191) s. 122.

Accident compensation - Transport accident - Criminal injuries compensation - Criminal law - Sentencing - Power of sentencing court to order compensation for victim - Whether precluded in transport accidents - Sentencing Act 1991 (No. 49) s. 86 - Transport Accident Act 1986 (No. 111) ss. 27 37 93 94.

Accident compensation - Workers' compensation - "Serious injury" - Aggravation of pre-existing condition - Proceeding commenced after 30 June 1994 - Case confined to injury suffered after 1 December 1992 - Aggravation by a single incident - No accumulation of repetitive injuries - Accident Compensation Act 1985 (No. 10191) ss. 5 135A(2)(a) 135A(2)(b) 135B(2) 135B(4).

Negligence - Highways, streets and roads - Nonfeasance - Misfeasance - Liability of local council.

Accident compensation - Transport accident - Benefits - Loss of earning capacity - Statutory indemnity in favour of Transport Accident Commission against wrongdoer - Amendment extending indemnity - Whether applicable to payments made in respect of accident occurring before amendment - Statutes - Interpretation - Amendment - Whether retrospective - Transport Accident Act 1986 (No. 111) ss. 49 104 - Transport Accident (General Amendment) Act 1994 (No. 84) s. 11 - Interpretation of Legislation Act 1984 (No. 10096) s. 14(2)(e).

Accident compensation - Workers' compensation - Authorised insurer - Medical panel - Reference of medical question to medical panel - Panel's opinion conclusive - Power of authorised insurer to make referral - Statutes - Interpretation - Accident Compensation Act 1985 (No. 10191) ss. 67 68 93CD(4)(b) 104B(9).

Accident compensation - Transport accident - Leave to bring common law proceedings - "Serious injury" - Serious long-term impairment or loss of a body function - Severe long-term mental or severe long-term behavioural disturbance or disorder - Minor physical injury - Psychological reaction - Impairment of body function produced by mental disturbance or disorder - Transport Accident Act 1986 (No 111) s 93(17).

Accident compensation - Workers compensation - Indemnity for employer or insurer paying compensation - Payable by third party otherwise liable for damages - Assessment of indemnity - Based on compensation paid or damages otherwise payable by third party - Interest - Whether included in calculation of indemnity amounts - Negligence - Joint tortfeasors - Contribution - Apportionment - Accident Compensation Act 1985 (No 10191) s 138 - Supreme Court Act 1986 (No 110) s 60(1).

Accident compensation - Workers compensation - Injury arising out of employment - Whether employment a significant contributing factor - Morbid grief reaction following death of child - Mistaken belief that foetus had been exposed to dangerous levels of lead - Appeal - Magistrates' Court - Question of law - Question of fact - Finding by magistrate that injury would probably not have been suffered if the employment had not taken place - Whether magistrate constrained to find the employment was a significant contributing factor - Accident Compensation Act 1985 (No 10191) ss 5(1B) 82(1) - Magistrates' Court Act 1989 (No 51) s 109.

Accident compensation - Workers compensation - Magistrates' Court - Medical panel - Reference of medical question to medical panel - Request for referral by a party - Whether magistrate required to refer - Poorly worded question - - Accident Compensation Act 1985 (No 10191) ss 5 43(3) 45(1)(b).

Accident compensation - Workers compensation - Serious injury - Common law proceeding for damages - Proceeding commenced after 11 November 1997 - Amendments to legislation with retrospective effect to 12 November 1997 - Whether proceeding affected by amendments - Statutes - Interpretation - Retrospective operation - Application to pending proceedings - Accident Compensation Act 1985 (No 10191) ss 135A(2DE) 135A(6A) 138A - Accident Compensation (Miscellaneous Amendments) Act 1997 (No 107) ss 2(2) 47 51.

Accident compensation - Workers compensation - Serious injury - Serious long-term impairment of body function - Identification of body function - Injuries to elbow and shoulder - Whether causing impairment to a single body function - Aggregation of injuries - Separate injuries causing impairment - Injuries arising out of separate and unrelated incidents - Whether aggregation of injuries permissible - Accident Compensation Act 1985 (No 10191) ss 5 135A(19)(a).

Accident compensation - Workers compensation - Claim for lump sum compensation - Statutory requirement for conciliation - Statutory offer and counter-offer - Deemed offer when no actual offer made - Costs - Statutory regime for costs - Based on comparison between judgment amount and amounts of offer and counter-offer - Whether applicable to deemed statutory offer of nothing - Statutes - Interpretation - Retrospective operation - Accident Compensation Act 1985 (No 10191) ss 50(2A) 98 104 - Accident Compensation (Miscellaneous Amendment) Act 1997 (No 107) s 2(2).

Accident compensation - Workers compensation - County Court - Medical panel - Reference of medical question to medical panel - Request for referral by a party - Refusal of party's request for referral - Definition of "medical question" - Definition of "injury" - Whether injury could be subject of a "medical question" when it was no longer an "injury" under the legislation - Aggravation injury - Injury in primary sense - Poorly worded question - Table of maims - Assessment of level of impairment - Evidence - Admissibility - Medical report obtained during trial - Accident Compensation Act 1985 (No 10191) ss 5 45 67 98 104.

Accident compensation - Workers compensation - Death - Injury arising out of or in the course of employment - Deemed employment - Whether worker "temporarily absent ... during any authorised recess" - Meaning of "authorised recess" - Whether employment was "a significant contributing factor" - Injury arising from underlying cause - Accident Compensation Act 1985 (No 10191) ss 82(2) 83 92.

Accident compensation - Transport accident - Compensation - Medical services - In vitro fertilisation - Injured person and wife receiving IVF treatment - Whether compensation payable for costs of wife's treatment - Transport Accident Act 1986 (No 111) ss 3 35(3) 60(1)(a).

Accident compensation - Workers compensation - Weekly payments - Calculation - Pre-injury average weekly earnings - Meaning of "earnings" - Whether non-pecuniary benefits included - "Ordinary time rate of pay" - Whether fixed by employment contract - Accident Compensation Act 1985 (No 10191) ss 5(1) 5A 5B 93A 93B.

Accident compensation - Workers compensation - Weekly payments - Notice of rejection of claim - Validity of notice - No valid notice of rejection given - Deemed acceptance of claim - Entitlement to interim weekly payments - Whether dependent on establishing general entitlement to compensation - Appeal - Question of law - Accident Compensation Act 1985 (No 10191) ss 99 109 114.

Accident compensation - Workers compensation - Medical panel - Magistrates' Court - Reference of medical question to medical panel - Evidence - Report of medical panel - Reasons for panel's opinion - Admissibility of reasons - Accident Compensation Act 1985 (No 10191) ss 45 48 68 - Administrative Law Act 1978 (No 9234) s 10.

Accident compensation - Transport accident - Benefits - Death benefits - Statutory indemnity in favour of Transport Accident Commission against wrongdoer - Whether indemnity applicable to payments of death benefits for deaths occurring before 19 May 1998 - Statutes - Interpretation - Amendment - Whether retrospective - Transport Accident Act 1986 (No 111) ss 93 104 - Transport Accident (General Amendment) Act 1994 (No 84) ss 10 42 - Transport Accident (Amendment) Act 1998 (No 34) s 15 - Interpretation of Legislation Act 1984 (No 10096) s 14(2).

Accident compensation - Transport accident - Costs - Offer to settle - Costs penalty if outcome not more favourable than offer - Administrative law - Victorian Civil and Administrative Tribunal - Review of decision of Transport Accident Commission - Proposal by commission to end proceeding - Whether an offer to settle - Whether proposal must contain element of compromise to be an offer to settle - Meaning of "settle" and "settlement" - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 112 Sch 1 item 93 - Transport Accident Act 1986 (No 111) ss 77 79.

Accident compensation - Workers compensation - Weekly payments - Serious injury - Total and permanent incapacity - Medical panel - Opinion - Panel opinion that worker partially and permanently incapacitated - Court ordering compensation on basis of total incapacity up to date of panel's opinion - Whether order inconsistent with panel's opinion - Meaning of "totally and permanently incapacitated" - Accident Compensation Act 1985 (No 10191) ss 45 68(4) 93A 93B.

Accident compensation - Workers compensation - Benefits - Entitlement - Injury - Meaning - Statutory requirement that employment "a significant contributing factor" - Whether applicable to all injuries - Injury in the primary sense of the statutory definition - Nature of causal nexus to satisfy test of "a significant contributing factor" - Accident Compensation Act 1985 (No 10191) ss 5(1) 5(1B) 82(1) 86 98(1) 99 135A(2) - Accident Compensation (WorkCover) Act 1992 (No 67).

Accident compensation - Workers compensation - Appeal - County Court - Uninsured Employers and Indemnity Scheme - Determination of liability by County Court - Appeal limited to question of law raised in the proceedings below - County Court Act 1958 (No 6230) s 74 - Accident Compensation Act 1985 (No 10191) s 52 - Accident Compensation (WorkCover Insurance) Act 1993 (No 50) ss 5 61(3).

Accident compensation - Workers compensation - Employer and employee - Negligence - Safe system of work - Worker's services provided to employer by company incorporated and controlled by worker - Worker injured at work - Employer liable to worker for damages - Damages reduced for contributory negligence - Employer's third party claim against company - Contribution and indemnity - Whether company's liability co-extensive or co-terminous with worker's - Wrongs Act 1958 (No 6420) s 23B.

Contract - Termination by effluxion of time - Parties continuing to perform contract - Whether contract renewed or extended - Indemnity clause - Construction - Whether applicable where negligence by proferens.

Accident compensation - Workers compensation - Serious injury - Common law proceeding for damages - Right to institute proceeding accrued on 26 October 1997 - Proceeding commenced after 11 November 1997 - Amendments to legislation with retrospective effect to 12 November 1997 - Amendment to formal pre-conditions to bringing common law proceeding - Whether proceeding affected by amendments - Statutes - Interpretation - Retrospective operation - Presumption against retrospectivity - Application to pending proceedings - Accident Compensation Act 1985 (No 10191) ss 135A 138 - Accident Compensation (Miscellaneous Amendment) Act 1997 (No 107) ss 47 51 - Interpretation of Legislation Act 1984 (No 10096) s 14(2)(e).

Accident compensation - Transport accident - Serious injury - Impairment - Successive accidents - Causation - Concurrent causes - Connection between accident and injury - Connection between injury and impairment - Pre-existing degenerative condition - Delayed impairment assessment - Apportionment of impairment as between different injuries - Transport Accident Compensation Act 1986 (No 111) s 46A.

Accident compensation - Transport accident - Serious injury - Impairment - Assessment - American Medical Association Guides - Interpretation - Physical impairment - Extremities, spine and pelvis - Whether "genuine functionally-driven physical impairment" capable of constituting impairment - Episodic neurological disorders - Migraine headaches attributable to neck disorder - No brain injury - Whether capable of assessment as "episodic neurological disorder" - AMA Guides Chs 1 2 - Transport Accident Act 1986 (No 111) ss 46A 46B(1).

Accident compensation - Transport accident - Transport Accident Commission - Unregistered motor vehicle - Transport accident charge - Non-payment - Consequential non-existence of owner's right of indemnity - Judgment entered against commission in respect of third party claim for damages arising from use of unregistered vehicle - Vehicle being used on private property - Commission's right to indemnity - Claim against vehicle's owner - Defence - Whether non-existence of owner's indemnity due to owner's default - "Registered motor vehicle" - Whether charge only applicable at time when the vehicle is being used on a highway - Transport Accident Act 1986 (No 111) ss 94 97 109 - Road Safety Act 1986 (No 127).

Accident compensation - Transport accident - Serious injury - Impairment - Assessment - American Medical Association Guides - Interpretation - Nervous system - Disturbances of complex, integrated cerebral functions - Impairment limiting daily activities to directed care under confinement at home or in other domicile - "Confinement" - Whether restricted to a legally imposed restraint - Person living in special accommodation home - AMA Guides Ch 2 - Transport Accident Act 1986 (No 111) s 46A.

Administrative law - Victorian Civil and Administrative Tribunal - Reasons for decision - Judicial review - Accident compensation - Transport accident - Serious injury - Impairment - Assessment - American Medical Association Guides - Interpretation - Overlapping types of impairment - Disturbances of complex, integrated cerebral functions - Mental and behavioural disorders - AMA Guides Chs 2, 12 - Statutory prohibition on double counting - Failure to consider evidence for either type of impairment - Whether merely a failure to comply with statutory obligation to provide reasons - Victorian Civil and Administrative Tribunal Act 1998 (No 53) s 117(2) 117(5) - Transport Accident Act 1986 (No 111) ss 46A 46B.

Accident compensation - Workers compensation - Serious injury - Impairment - Assessment - American Medical Association Guides - Interpretation - Rounding off provisions - Medical panels - Whether panel entitled to round off degree of impairment - Discretion - Whether rounding off provision confined to medical assessors - "May" - Accident Compensation Act 1985 (No 10191) s 91.

Accident compensation - Transport accident - Serious injury - Severe long-term mental or severe long-term behavioural disturbance or disorder - Post-traumatic stress disorder - Impairment - Pre-existing psychological disorder - Impairment determination by Transport Accident Commission - Review by Administrative Appeals Tribunal - Tribunal finding that stress disorder resulted from traffic accident - Subsequent application for leave to bring common law proceedings - Causation - Whether injury limited to aggravation of pre-existing disorder - Extent to which expert evidence required - Whether administrative review decision gave rise to an issue estoppel - Whether parties or their privies identical - Inconsequential erroneous legal ruling - Judges - Reasons for decision - Sufficiency - Interlocutory proceeding - Transport Accident Act 1986 (No 111) ss 46A 93.

Accident compensation - Workers compensation - Indemnity - Injury - Payment of compensation - Injury caused under circumstances creating legal liability in third party - Authority entitled to indemnity from third party - Assessment of indemnity - Statute amended between date of injury and date when compensation paid - Ascertainment of date when entitlement to indemnity arose - Ascertainment of date for quantification of indemnity - Accident Compensation Act 1985 (No 10191) s 138(1) 138(3).

Accident compensation - Transport accident - Serious injury - Damages - Trial by judge and jury - Judgment - Interest - Calculation of interest by trial judge - Past losses - Jury verdict not differentiating between past and future losses - Trial judge relying on evidence of earnings of comparable employee - Plaintiff's situation not truly comparable - Failure to make allowance for post-accident earnings and statutory payments for lost earning capacity - Ascertainment of amount taken to have been allowed by jury for past loss - Preferable for counsel to agree - Transport Accident Act 1986 (No 111) ss 49 93(11) 93(15).

Accident compensation - Transport accident - Benefits - Disability service - Attendant care - Hospital in-patient - Care provided by parent - Overlap with "hospital service" - Whether compensable - Transport Accident Act 1986 (No 111) ss 3 23 60

Accident compensation - Transport accident - Benefits - Rehabilitation service - Long-term accommodation - Paraplegic victim - Special needs - Additional bedroom - Increased rental costs - Whether compensable - Whether "accommodation support" - Transport Accident Act 1986 (No 111) ss 3 23 60

Accident compensation - Workers compensation - Serious injury - Common law proceeding for damages - Application for leave to bring proceeding - Entitlement to damages conditional upon date of injury - Injuries occurring on or after 1 December 1992 - Whether precondition to grant of leave to bring proceeding - Accident Compensation Act 1985 (No 10191) s 135A(2) 135A(4)(b) 135A(6) 135A(19)

Evidence - Admissibility - Discretion - Manner of giving of evidence - Personal injuries litigation - Surveillance film of plaintiff - Cross-examination of plaintiff - Defendant seeking to show film to plaintiff - Defendant declining to provide dates on which plaintiff was subjected to surveillance - Defendant declining to provide film maker for cross-examination - Ruling refusing showing of film to plaintiff - Whether trial judge's discretion miscarried - Whether person depicted in film or person who made film was "maker of the statement" - Evidence Act 1958 (No 6246) s 55(1)(a)

Accident compensation - Transport accident - Entitlement to bring common law action for damages - Pre-conditions - Requirement that there be an impairment assessment - Requirement that injury be a serious injury - Pre-conditions not satisfied - Injury resulting from transport accident - Injury exacerbated by subsequent surgical treatment - Action against surgeon for alleged negligence - Whether action barred - Whether further injury "a result of a transport accident" - No break in chain of causation - Transport Accident Act 1986 (No 111) ss 3(1) 3(3)(c) 93(1) 93(2)

Accident compensation - Transport accident - Serious injury - Impairment - Assessment - American Medical Association Guides - Interpretation - Internal inconsistency - Inconsistency with Act - Time for assessment of impairment - Spinal injury - Successful surgery - Whether impairment to be assessed prior to surgery or treatment - Transport Accident Act 1986 (No 111) ss 8 46A

Accident compensation - Workers compensation - Industrial deafness - Cumulative injuries - Award of compensation under 1958 Act table of maims - Continuing employment in same environment - Amendment of legislation in 1994 - New compensation entitlement based on whole-person impairment - Imposition of threshold requirement of 7% binaural loss - Threshold increased to 10% in 1997 - Further industrial deafness - Subsequent claim for compensation - Assessment of whole-person impairment arising from consecutive injuries - Roles of medical panel and Victorian WorkCover Authority in decision-making process - Whether threshold applicable to each subsequent compensation claim or confined to initial claim - Strong competing arguments as to proper construction of legislation - Anomalies on both sides of construction dispute - Worker's construction preferred - Extraneous material used as aid to resolving construction dispute - Accident Compensation Act 1985 (No 10191) ss 5 82 88 89 90 91 98 98C 104B(9)

Accident compensation - Transport accident - Transport Accident Commission - Payment of benefits - Commission's entitlement to indemnity against tortfeasor - Out-of-State accident - Whether indemnity restricted to accidents occurring in Victoria - Transport Accident Act 1986 s 104

Constitutional law - Federal jurisdiction - Applicable law - Claim by State instrumentality against resident of another State - Statutory claim for indemnity - Characterisation - Whether a claim in tort - Judiciary Act 1903 (Cth) ss 64 79 80

Constitutional law - State statute - Validity - Extra-territorial question of statutes - Whether invalid as purporting to apply outside Victoria - Whether invalid as being inconsistent with laws of another State - Prohibition on imposition of disability or discrimination on basis of residence interstate - Nature and extent of prohibition - Statute conferring right on State instrumentality - Whether subjecting interstate resident to disability or discrimination in Victoria on the ground of residence in another State - Commonwealth Constitution ss 117 118

Accident compensation - Workers compensation - Serious injury - Common law proceeding for damages - Preconditions for bringing common law proceeding - Proceeding commenced after 12 November 1997 - Amendments to preconditions with retrospective effect to 12 November 1997 - Whether proceeding affected by amendments - Determination by Victorian WorkCover Authority prior to 12 November 1997 that claimant's degree of impairment less than 30% - Statutes - Interpretation - Retrospective operation - Application to pending proceeding - Authority's determination insufficient to entitle claimant to issue proceeding - No accrued right to sue - Failure to issue proceeding within prescribed time - Action barred - Accident Compensation Act 1985 (No 10191) s 135A(2DE) 135A(4) - County Court Act 1958 (No 6230) s 74(2D)

Accident compensation - Workers compensation - Spinal injury - Whole person permanent impairment - Assessment - Table of maims injury - Total loss determination - Victorian WorkCover Authority - Obligation to advise worker "of the assessments and the entitlement to compensation" - Independent medical examination - Purpose - Statutory specification - To "obtain assessment ... and ... determination" - Medical examiner's assessment that worker had total impairment - Whether examiner's determination binding on authority - Worker entitled to be advised only of relevant assessment - Accident Compensation Act 1985 (No 10191) ss 39 52 98C 98E 104B

Statutes - Interpretation - Frequently amended statute - Complex legislative scheme - Words read into statute to effect Parliament's presumed intention - Conditions to be satisfied.

Accident compensation - Workers compensation - Serious injury - Common law proceeding for damages - Application for leave to bring proceeding - Criteria for grant of leave - Requirement of employment-related compensable injury occurring between 31 August 1985 and 12 November 1997 - Judge refusing leave - Whether judge posed the wrong question for determination - Accident Compensation Act 1985 (No 10191) ss 4(1) 135A(1) 135A(2) 135A(4)(b) 135A(6) 135A(19)

Accident compensation - Transport accident - Workers compensation - Fatal accidents - Dependants' claims - Damages - Interest - Statutory prohibition subject to exception - Date on which permissible interest became payable - Whether date of death or date of commencement of proceeding - Whether interest payable on all or some of damages awarded - "Damages referable to loss actually suffered before the date of the award" - Accident Compensation Act 1985 (No 10191) ss 134AB(34) 135A(16) 135A(17) 135C(5) 135C(6) - Transport Accident Act 1986 (No 111) ss 93(15) 93(16) 175(1) 175(2).

Statutes - Interpretation - Presumptions - Ranking - Presumption against surplusage - Higher order than presumption from re-enactment after judicial interpretation.

Statutes - Interpretation - Presumptions - Presumption from re-enactment after judicial interpretation - Status of County Court decisions - Presumption limited to decisions of superior courts.

Statutes - Interpretation - Presumptions - Presumption against taking away accrued and common law rights - No application to a right created by statute - Interest on judgments.

Statutes - Interpretation - Punctuation - Permissible consideration - Interpretation of Legislation Act 1984 (No 10096) ss 35 36(3B)

Accident compensation - Transport accident - Transport Accident Commission - Claim for benefits - Refusal - Motor vehicle - Bulldozer - Used in State forest logging operations - Some use on "C" class roads - Accident in forest logging coupe - Whether vehicle "used ... on a highway" - Commission applying actual use test - Departure from decade-long commission practice of applying normal or repeated use test - Commission determination approved on administrative review - Merits review tribunal applying wrong test - Conflicting authorities - Whether court should entertain challenge to more recent established line of authority - Court of Appeal deciding underlying matter instead of remitting it - Transport Accident Act 1986 (No 111) s 3 - Road Safety Act 1986 (No 127) s 3(1)

Accident compensation - Transport accident - Transport Accident Commission - Payment of benefits - Extinguishment of common law right of action - Commission's statutory entitlement to indemnity against tortfeasor - Tortfeasor settling separate action brought by transport accident victim - Judgment entered for tortfeasor - Commission's entitlement to indemnity not extinguished - "Regardless of section 93" - "But for this Act" - Transport Accident Act 1986 (No 111) ss 93 104

Accident compensation - Workers compensation - Serious injury - Pre-existing condition - Instability likely to result in incapacity - Worker's exposure to unsafe system of work - Aggravation or acceleration of pre-existing instability - Assessment of damages - Ascertainment of additional incapacity attributable to aggravation - Accident Compensation Act 1985 (No 10191) s 135A(19)(a)

Accident compensation - Workers compensation - Weekly payments - Successful claim for arrears - Interest - Calculation - Whether interest calculated on each weekly payment from date of accrual or on entirety of outstanding payments from date of incapacity - Whether interest to be calculated on gross or after tax amount - Whether deductions for income tax and Centrelink allowances - "The amount of outstanding weekly payments" - "In respect of the period specified" - Accident Compensation Act 1985 (No 10191) s 114E(1)(b)

Statutes - Interpretation - Whether choice between competing interpretations - Whether rewriting of statute required - Conditions for reading words into statute - Whether satisfied.

Accident compensation - Workers' compensation - Leave to bring common law proceedings - Serious injury - Cause of action arising before 12 November 1997 - Incapacity arising from injury not known until after 12 November 1997 - Leave application not to be commenced unless specified steps taken by worker before expiration of three years after date incapacity "became known" - Onus of proof on worker - Proof of absence of actual subjective knowledge sufficient - Whether discharged - Accident Compensation Act 1985 (No 10191) ss 135A(4)(b) 135AC(b)

Accident compensation - Workers compensation - Work-related death - Dependency claim - Domestic partner - Deceased workers earnings very small - Claimants earnings substantially greater than those of deceased worker - Claimant partly dependent on deceased workers earnings - Two-stage test for entitlement - Statutory fiction calling for claimants earnings to be disregarded - Claimant mainly dependent on workers earnings by application of statutory fiction - Overlapping definitions of "dependant" and "dependent partner" - Accident Compensation Act 1985 (No 10191) ss 82(2) 92A

Accident compensation - Transport accident - Transport Accident Commission - Claim for indemnity - Single motor vehicle accident - Negligence - Res ipsa loquitur - Applicability - Requirements - Whether absence of explanation of accident - Trial judge rejecting defendant's explanation - Relevance of expert evidence.

Practice and procedure - Appeal - Party permitted to withdraw concession made at trial.

Accident compensation - Workers compensation - Entitlement - Medical panels - Binding opinions - Abolition and restoration of common law right to sue for damages - Effect of restoration on amended medical panels scheme - Prior panel opinion concerning statutory benefits claim - Later application to institute common law claim - Whether County Court bound by panel opinion - Accident Compensation Act 1985 (No 10191) ss 45(1A) 68(4) 134AB

Statutory interpretation - Purposive interpretation - Context - History - Literal interpretation productive of manifest absurdity.

Accident compensation - Workers compensation - Proscription on recovering damages for injury suffered between 12 November 1997 and before 20 October 1999 - Prescribed circumstances for recovering damages for injury suffered after 20 October 1999 - Necessary preliminary step for plaintiff to show he or she suffered a compensable injury after 20 October 1999 - Principles to be applied to plaintiff's claim - Employment before and after 20 October 1999 - Nature of appeal - Accident Compensation Act 1985 (No 10191) ss 134AB 134AD 134A

Accident compensation - Workers compensation - Leave to bring common law proceedings - Serious injury - Physiological change - Impairment to body function not sufficient - Serious injury arising on or after 20 October 1999 - Necessary for injury to be linked to employment on or after that date - Permanent serious impairment - Necessary to demonstrate likelihood that impairment would last for foreseeable future - Loss of earning capacity - Suitable alternative employment - Whether concerned with practicalities of worker's employability - Onus of proof - Accident Compensation Act 1985 (No 10191) ss 5 134AB(1) 134AB(2) 134AB(16) 134AB(37) 134AB(38) 134AD

Courts - Appeals - Court of Appeal - Appeal from County Court - Accident compensation - Workers compensation - Appeal from determination regarding serious injury - Principles and constraints - Court directed to "decide for itself" - Meaning and effect - Accident Compensation Act 1985 (No 10191) ss 134AC s 134AD

Accident compensation - Workers compensation - Leave to bring common law proceedings - Serious injury - Chronic pain condition - Psychological embellishment of physical symptoms - Differentiation of psychological and physical consequences of injury - Appeal against grant of leave - Trial judge's reasons inadequate - Appeal allowed - Court of Appeal authorised to decide serious injury issue for itself - Credibility issue necessitating retrial - Accident Compensation Act 1985 (No 10191) ss 134AB(16), 134AB(37), 134AB(38)(h), 134AD

Accident compensation - Workers compensation - Damages - Costs - Statutory scheme of compulsory pre-trial settlement offers - Costs consequences of refusing offer - Plaintiff's liability to bear own costs of trial - Costs liability reckoned according to amount of judgment for plaintiff - Ascertainment of amount - Reduction for statutory compensation payments made prior to trial - Time for effecting reduction - Whether relevant judgment equated to jury verdict or net amount after reduction - "If judgment is obtained ... in an amount" - Accident Compensation Act 1985 (No 10191) s 134AB(12), 134AB(25), 134AB(28)

Accident compensation - Workers compensation - Widow's claim for work-related death - Whether deceased person worker or independent contractor - Competing indicia - Deceased conducting bricklaying partnership - Partnership engaged to undertake work on construction site - Temporary halt to bricklaying work - Deceased separately engaged on hourly rate to dig trench - Contemporaneous contract for services and contract of service - Accident Compensation Act 1985 (No 10191) ss 5(1), 8(1)

Accident compensation - Workers compensation - Lump sum compensation - Costs - Worker succeeding on weekly payments claim and failing on lump sum claim - Order that employer pay costs solely attributable to weekly payments claim - No order for costs of unsuccessful claim - "Otherwise" - Accident Compensation Act 1985 (No 10191) ss 50(1), 50(2A), 98, 98A, 104.

Accident compensation - Workers compensation - Serious injury - Permanent impairment - Assessment - American Medical Association Guides to the Evaluation of Permanent Impairment (4th ed) - Interpretation - Internal inconsistency - Falso demonstratio non nocet cum de corpore constat - Spinal injury - Beneficial effect of surgery to be disregarded - Accident Compensation Act 1985 (No 10191) ss 67, 91, 98C, 104B(9).

Accident compensation - Workers compensation - Serious injury - Leave to commence common law proceedings - Injury suffered on or after 20 October 1999 - Onus of proof - Proof of compensable injury amounting to serious injury after relevant date - Inconsistencies in plaintiff's statements - Pre-existing injury to lower back - Exacerbation basis for claim impermissible on appeal - Accident Compensation Act 1985 (No 10191) ss 134AB(1), 134AB(16)(b), 134AB(38), 134AD, 134AE

Accident compensation - Workers compensation - Leave to commence common law proceedings - Time bar - Serious injury - Cause of action arising before 12 November 1997 - Injury - Consequences of injury - Redundancy - Worker unable to obtain substitute employment - Worker's state of relevant knowledge - Whether knowledge first acquired before relevant date - Knowledge of severity of injury and incapacity - Knowledge of pecuniary disadvantage - Knowledge of consequential incapacity - "Incapacity arising from the injury" - Accident Compensation Act 1985 (No 10191) s 135AC(b)

Accident compensation - Workers compensation - Leave to bring common law proceedings - Serious injury - County Court - Leave refused - Reasons - Adequacy - Impression and value judgment - Status of County Court hearing serious injury applications - Not specialist tribunal for purpose of such applications - "Decide for itself" - Accident Compensation Act 1985 (No 10191) ss 134AB(16), 134AB(37), 134AC, 134AD - County Court Act 1958 (No 6230) s 74.

Courts and judges - Appeals - Court of Appeal - Appeal from County Court - Accident compensation - Workers compensation - Serious injury - Appeal from refusal of leave to bring common law proceedings - Nature of appeal - Conventional rehearing - Onus of persuasion - Court of Appeal directed to decide for itself - Record not equipping Court of Appeal to do so - Proceeding remitted to County Court - Accident Compensation Act 1985 (No 10191) ss 134AB(16), 134AB(37), 134AC, 134AD, 134AE

Accident compensation - Workers compensation - Employer - Liability to pay compensation - Victorian WorkCover Authority (VWA) - Indemnity claim against third party - Hypothetical assessment - Formula - Reasonable costs of medical services - Cost of medical reports obtained by VWA - Whether Pt VB of Wrongs Act 1958 applicable to hypothetical assessment - Gratuitous services - Prohibition on damages for gratuitous services - "Amount of compensation paid or payable" - Accident Compensation Act 1985 (No 10191) ss 5, 99, 138(1), 138(3) - Wrongs Act 1958 (No 6420) ss 28B, 28C(2)(c), 28IA

Accident compensation - Workers compensation - Injury arising out of or in the course of employment - Serious injury - Common law damages entitlement - Procedural restrictions enacted in 2000 - Whether restrictions applicable to whistleblower's statutory reprisal action against employer - Accident Compensation Act 1985 (No 10191) s 134AB - Whistleblowers Protection Act 2001 (No 36) s 19

Tort - Whistleblowers protection - Protected notification - Detrimental action - Employer and employee - Alleged reprisal - Statutory reprisal action against employer and fellow employee - Whistleblowers Protection Act 2001 (No 36) s 19

Accident compensation - Workers compensation - Victorian WorkCover Authority (VWA) - Entitlement to indemnity - Third party liability - Employer - Labour hire company - Hiring out of employee - Employee injured at host employer's premises - VWA reimbursing employer for weekly compensation - VWA indemnity claim against host employer - Nature of labour hire contract - "Circumstances creating a legal liability in a third party" - Accident Compensation Act 1985 (No 10191) ss 9 138.

Accident compensation - Workers compensation - Serious injury - Leave to bring common law proceedings - Application refused - Reasons - Inadequate - Appeal - Principles governing remitter for rehearing - Whether Court of Appeal as well-placed as the trial judge to decide the application - Accident Compensation Act 1985 (No 10191) ss 134AB(16)(b) 134AB(37) 134AC 134AE

Courts and judges - Appeals - Court of Appeal - Appeal from County Court - Principles and constraints - Accident compensation - Workers compensation - Serious injury - Appeal from dismissal of application for leave to bring proceeding for damages - Court of Appeal directed to "decide for itself" - Reliance upon evidence and other material before trial judge - Permissible use of trial judge's reasons - Accident Compensation Act 1985 (No 10191) ss 134C 134AD - County Court Act 1958 (No 6230) s 74

Accident compensation - Workers compensation - Leave to bring common law proceedings - Appeal against refusal of leave - Serious injury - Chronic low back pain condition - Possible pre-existing degenerative condition - Disentangling of psychological and psychiatric consequences of compensable physical injury - Consideration of all evidence - Accident Compensation Act 1985 (No 10191) ss 134AB(16)(b) 134AB(19) 134AB(37) 134AB(38)(h) 134AD.

Courts and judges - Appeals - Appeal from County Court - Accident compensation - Workers compensation - Serious injury application - Court of Appeal to decide serious injury question for itself - Conflicting expert medical opinion - Determination according to entirety of evidence.

Accident compensation - Workers compensation - Leave to bring common law proceedings - Serious injury - Foot fracture - Chronic regional pain syndrome - Physical origin - Loss of earning capacity - Regard to be had to the realities of the labour market - "Suitable employment" - Accident Compensation Act 1985 (No 10191) ss 5 134AB(38)(f).

Accident compensation - Workers compensation - Widow's claim arising from work-related death - Dependency - Earnings - Worker and wife employed by corporate trustee of family trust - Remuneration comprising wages and trust distributions - Whether evidence that distributions were earnings - Whether no evidence ground a question of law - Accident Compensation Act 1985 (No 10191) ss 5A 52 82(2) 92A 92B

Accident compensation - Workers compensation - Compensable injury - Worker - Contract of service - Contractors as deemed workers - Serious injury application - Dismissal - Appeal - Whether appellant regularly carried on trade or business in his name or under firm or business name - Whether work incidental to appellant's trade or business - Accident Compensation Act 1985 (No 10191) ss 5 8(1) 134AB(16) - County Court Act 1958 (No 6230) s 74(3).

Accident compensation - Workers compensation - Contribution between defendants - Breach of statutory duty - Contract between defendants - Breach of contract - Damages - Hadley v Baxendale - Remoteness - Negligence - Pure economic loss - Vulnerability - Perre v Apand - Causes of action statute-barred - Limitation of Actions Act 1958 (No 6295) s 5(1) - Accident Compensation Act 1985 (No 10191) s 156 - Wrongs Act 1958 (No 6420) ss 23B 24(2).

Contract - Implied terms - Statutory warranties - Trade practices - Trade Practices Act 1974 (Cth) s 74.

Trade practices - Misleading and deceptive conduct - Representation with respect to any future matter - Trade Practices Act 1974 (Cth) ss 51A 52 53(aa) 55A.

Limitation of actions - Causes of actions - Accrual - Contract - Negligence - Misleading and deceptive conduct - Limitation of Actions Act 1958 (No 6295) s 5(1) - Trade Practices Act 1974 (Cth) s 82(2).

Accident compensation - Workers compensation - Victorian WorkCover Authority - Indemnity rights - Recovery proceeding - Proper plaintiff - Whether authority entitled to sue in own name - Accident Compensation Act 1985 (No 10191) s 138 - Accident Compensation (WorkCover Insurance) Act 1993 (No 50) ss 7 9.

Insurance - Statutory policy - Construction - WorkCover compensation - Indemnity - "Liable to pay by force of the Accident Compensation Act" - "The employer's liability at common law or otherwise".

Accident compensation - Workers compensation - Entitlement - Common law damages - Reintroduction for injury suffered on or after 20 October 1999 - Compensable injury - Aggravation of pre-existing condition - Credibility of worker - Appeal - Adequacy of reasons - Accident Compensation Act 1985 (No 10191) ss 5 134AB(1) 134AB(16)(b) 134AB(19)(c) 134AB(38) 134AE - County Court Act 1958 (No 6230) s 74(1) 74(3)

Practice and procedure - Appeal - Fresh evidence - Leave - Workers compensation - Medical report relevant to date injury suffered - Finality of litigation - Application refused.

Accident compensation - Transport accident - Entitlements - Transport Accident Commission - Decision-making obligations - Impairment determination - Conditions for effective and timely application - Exchange of correspondence - Interpretation - Judicial review - Mandamus - Discretion - Adequate alternative remedy - "Date of the application" - Transport Accident Act 1986 (No 111) s 46A(1) 46A(1A) 46A(1B) - Supreme Court (General Civil Procedure) Rules 2005 O 56.

Accident compensation - Workers compensation - Entitlement - Injury - Course of employment - Successive short-term contracts of employment - Injury suffered prior to commencement of next contract - University lecturer injured in bookshop inspection of teaching texts - Whether activity sufficiently incidental to performance of forthcoming work - "Arising out of or in the course of any employment" - Accident Compensation Act 1985 (No 10191) s 82(1).

Accident compensation - Workers compensation - Common law proceedings - Competence - Statutory bar - Farm worker - Neighbouring landowner objecting to farm activity - Altercation - Worker directing racist remark at neighbour - Worker punched by neighbour - Worker's claim for damages for assault - Whether barred - Whether dispute related to employer's business - Whether worker abandoned employment - Whether private quarrel - "Arising out of employment" - "Arising in the course of employment" - Accident Compensation Act 1985 (No 10191) ss 82 134AB.

Tort - Negligence - Concurrent tortfeasors causing same damage - Comparative fault as between plaintiff and each tortfeasor - Personal injury - Employee injured in fall - Action against employer and occupier of premises - Employer abandoning contributory negligence plea - Employee succeeding against both defendants - Claim against occupier reduced due to contributory negligence - Employer precluded from relying on verdict against occupier - Wrongs Act 1958 (No 6420) s 26(1)(b).

Accident compensation - Workers compensation - Costs - Statutory regime of offer and counter-offer - Costs consequences of quantum of verdict - Worker's action against employer and occupier of premises - Occupier ordered to pay plaintiff's costs - Whether plaintiff prevented by statutory regime from obtaining costs order - Whether expression "each party" included third party - Accident Compensation Act 1985 (No 10191) s 134AB(12) 134AB(28)(d) - Wrongs Act 1958 (No 6420) s 26(1)(b).

Accident compensation - Workers compensation - Entitlement - Medical panels - Binding opinions - Application for leave to institute proceedings for common law damages - Earlier medical panel opinion obtained for purpose of establishing worker's entitlement to weekly compensation - Whether binding on court in subsequent application for leave to bring proceedings for damages - Accident Compensation Act 1985 (No 10191) ss 39 45(1A) 68(4) 82 134AB(16)(b).

Accident compensation - Workers compensation - Lump sum - Entitlement - One claim only per compensable event - Knee injury - Claim made and settled - Delayed surgery - Complications from surgery - No medical negligence - No new intervening act - Further claim - "Same event or circumstance" - Accident Compensation Act 1985 (No 10191) ss 82(1) 83(1)(d) 104B(5A) 104B(5AA) 104B(5AB)

Accident compensation - Workers compensation - Medical panel - Opinion - Statement of reasons - Alleged inadequacy - No error of law - Administrative Law Act 1978 (No 9234) s 8 - Accident Compensation Act 1985 (No 10191) s 45(1)

Administrative law - Judicial review - Administrative tribunal - Reasons - Adequacy - No common law obligation to provide reasons.

Accident compensation - Transport accident - Entitlements - Employee injured - Employer's loss of employee's services - Action per quod servitium amisit extinguished in relation to transport accidents - "In respect of" - Transport Accident Act 1986 (No 111) s 93(1).

Accident compensation - Workers compensation - Leave to bring common law proceedings - Serious injury - Trial - Evidence - Admissibility - Victorian WorkCover Authority ("VWA") - Pre-trial disclosure obligations - Compliance - Prohibition on admission of undisclosed evidentiary material - Scope of prohibition - Prohibition expressly applicable to claim in respect of deemed serious injury - Whether prohibition applied to common law proceedings brought with leave of the court or the authority's consent - Co-worker - Viva voce evidence - Denial that injury-causing incident occurred - Non-disclosure of witness statement in possession of VWA - Trial judge ruling that worker had waived reliance on statutory prohibition - Ministerial direction affecting question of construction - No residual discretion in trial judge to admit or exclude evidence - "Other material" - Ministerial directions 3, 7.1, 7.4 - Accident Compensation Act 1985 (No 10191) s 134AB(4) (5) (7) (8) (11).

Accident compensation - Workers compensation - Psychiatric injury - Common law claim - Damages - Assessment - Leave to commence proceedings - Consequences in later proceeding - Whether employer precluded from contending worker did not suffer serious injury - Issue estoppel - Degree of impairment in excess of 30% - Deemed serious injury - Medical panel opinion that degree of impairment exceeded 30% - Special case stated - "Serious injury" - Accident Compensation Act 1985 (No 10191) ss 67 68(4) 104B(9) 134AB(15) 134AB(16)(b) 134AB(19) - County Court Act 1958 (No 6230) s 76(1).

Accident compensation - Workers compensation - Employer - Self-insurer - Approval - Conditions - Expiration of approval - Each subsequent application for approval a fresh application not a renewal - Accident Compensation Act 1985 (No 10191) ss 141 142 148.

Accident compensation - Workers compensation - Weekly payments - Pleadings - Statement of claim - Refusal of amendment application - Refusal of application to refer questions to statutory medical panel - Earlier adverse panel opinion - Discretion miscarrying - Not open to determine applications while judicial review proceeding of adverse panel opinion pending - No utility in remitting proceeding to County Court - Accident Compensation Act 1985 (No 10191) ss 5(3)(a) 52 - County Court Act 1958 (No 6230) s 74(2D).

Practice and procedure - Appeal - Interlocutory order - Workers compensation - Pleadings - Refusal of amendment application - Whether appeal as of right or by leave - Accident Compensation Act 1985 (No 10191) ss 5(3)(a) 52 - County Court Act 1958 (No 6230) s 74(2D).

Accident compensation - Workers compensation - Leave to bring common law proceedings - Serious injury - Severe mental or permanent severe behavioural disturbance or disorder - Cause of action arising before 12 November 1997 - Limitation period - Expiration of three years after incapacity became known - Proof - Onus - Worker - Sufficiency - Absence of subjective knowledge of facts which, viewed objectively, constituted serious injury - "Became known" - Accident Compensation Act 1985 (No 10191) ss 135A(4)(b) 135AC(b).

Accident compensation - Workers compensation - Leave to bring common law proceedings - Damages - Serious injury - Impairment - Evaluation - Fact, degree and value judgment - Imprecise adjectival criteria - Utility of check lists of relevant criteria - Need for consistency of application - Like cases to be treated alike - Utility of comparisons with earlier cases - Worker's stoicism - "Pain and suffering consequence" - "More than significant or marked and ... at least very considerable" - Accident Compensation Act 1985 (No 10191) ss 134AB(16)(b) 134AB(38)(b) 134AD

Accident compensation - Workers compensation - Leave to bring common law proceedings - Damages - Serious injury - Impairment - Evaluation - Fact, degree and value judgment - Worker's stoicism - Aggravation of pre-existing asymptomatic degenerative cervical spine condition and consequences of soft tissue shoulder injury - Consideration of consequences of impairment as a whole - Adverse credit findings when credit not in issue - "Pain and suffering consequence" - "More than significant or marked and ... at least very considerable" - Accident Compensation Act 1985 (No 10191) ss 134AB(16)(b) 134AB(19)(a) 134AB(37) 134AB(38)(c) 134AD.

Accident compensation - Workers compensation - Serious injury - Leave to bring common law claim - Loss of earning capacity - Pain and suffering - Comparator - Whether appellant permitted to index "without injury" earnings to time of hearing of application - Possible relevance of earnings of comparable workers outside "window" period - Accident Compensation Act 1985 (No 10191) s 134AB(16)(b) (38)(e) (f).

Accident compensation - Workers compensation - Employer - Insurance - Premiums - Liability - Calculation - Workplace classification - Statutory premiums order - Construction - Natural and ordinary meaning - Predominant activity test - "Manufacturing of meat or meat products" - "Predominant activity" - WorkCover Industry Classification C2155L - WorkCover Industry Classification F4761T - WorkCover Insurance Premium Order (No 15) 2007/2008 - Accident Compensation (WorkCover Insurance) Act 1993 (No 50) s 26

Accident compensation - Workers compensation - Leave to bring common law proceedings - Serious injury - Loss of earning capacity - Assessment - Pre-injury capacity - Suitable employment - Criteria - Worker's place of residence - Employer - Evidentiary burden of proof - Accident Compensation Act 1985 (No 10191) ss 5 134AB(19) 134AB(38)(f).

Costs - Statutory direction - Workers compensation - Leave granted to commence common law proceedings - Pain and suffering claim only - Lapse of Calderbank offer - Judge not entitled to take account of Calderbank offer - Accident Compensation Act 1985 (No 10191) s 134AB(27)(a).

Evidence - Expert evidence - Limits of medico-legal expertise - Workers compensation - Suitability of particular employment - Analysis of necessary physical capacity and individual impairment.

Accident compensation - Serious injury - Applications for leave to bring proceedings - Subsequent injury aggravating existing injury - Test - Grech - Petkovski - Accident Compensation Act 1985 (No 10191) ss 134AB(16) (17) (37) 134AD - County Court Act 1958 (No 6230) s 74

Accident compensation - Workers compensation - Injuries suffered in 2003 - Serious injury - Leave application dismissed - Loss of earning capacity - 40% requirement - Pain and suffering consequences - Fitness for work - Medical evidence - Conflict - Trial judge misapplying evidence - Former nurse aged 69 at time of trial - Qualified to continue working - Precluded from successful retraining - Court of Appeal deciding leave application for itself - No fresh evidence adduced on appeal - Very considerable loss of earning capacity established - "Suitable employment" - Accident Compensation Act 1985 (No 10191) ss 134AB(37) 134AB(38)(b) 134AB(38)(c) 134AD

Accident compensation - Transport accident - Loss of earnings claim - Driver - Disentitlement - Driver's licence cancelled - Person in charge of motor vehicle - Vehicle running out of fuel - Driver alighting from vehicle and pushing vehicle - Driver injured when struck by another vehicle - Injured driver's licence cancelled - Causation - Whether necessary that driver be person driving - "Driver of a motor vehicle" - "In charge of" - "Injured as a result of a transport accident" - Transport Accident Act 1986 (No 111) s 40(1)(c)(ii)

Accident compensation - Workers compensation - Serious injury - Physical and psychological injuries - Statutory certificate for psychological injuries only - Whether worker confined in damages claim to certified injury - Whether once a serious injury established total injury compensable - Accident Compensation Act 1985 (No 10191) ss 5 82 91 98C 104B 134AB(1) (2) (37)

Accident compensation - Workers compensation - Entitlement - One claim only per compensable event - Physical injuries - Permanent disability - Claim for lump sum compensation - Later claim for psychiatric injury arising from same event - First claim vitiated by claimant's mental incapacity - Appellant incapable of recognising own psychiatric impairment - Second claim not barred - Accident Compensation Act 1985 (No 10191) ss 45 98C 104B(5A) 104B(5AA)

Appeal - Question of law - Whether open to challenge primary decision as not open on evidence - Whether open to contend that primary judge bound to reach different conclusion - "Raised during those proceedings" - Accident Compensation Act 1985 (No 10191) s 52(1)

Accident compensation - Workers compensation - Impairment benefit - Assessment - Medical question - AMA Guides to the Evaluation of Permanent Impairment - Referral to medical panel - Panel function - Provision of opinion - Non-judicial - Engagement of consultants by panel - Whether panel assessed impairment - "In accordance with" - Accident Compensation Act 1985 (No 10191) ss 63 65 66 67 68 91(1)(a) 104B(9) (12)

Administrative law - Judicial review - Non-adjudicative body - Medical panel - Expert opinion - Reasons - Standard of scrutiny.

Accident compensation - Workers compensation - Indemnity - Entitlement - Third party liability - Worker injured in transport accident in course of employment - Self-insured employer paying compensation to worker - Employer's claim for indemnity from third party vehicle driver - Transport accident compensation scheme extinguishing right to common law damages - Statutory compensation dependent on satisfying impairment threshold - No application by injured employee for impairment assessment - Employer not entitled to indemnity - Accident Compensation Act 1985 (No 10191) ss 134AA 134AB 134A 135 138 - Transport Accident Act 1986 (No 111) s 93

Accident compensation - Workers compensation - Impairment benefits - Assessment - Medical panel - American Medical Association Guides to the Evaluation of Permanent Impairment - Relationship between statute and Guides - Cervicothoracic spine - Aggravation of pre-existing anchylosing spondylitis - Total restriction of neck mobility - Assessment of nil impairment - Panel approach precluded by statute - Guides (4th Ed) s 3.3e, 3.3f(5), 3.3f(9) - Accident Compensation Act 1985 (No 10191) ss 91(1) 91(7)(c)

Administrative law - Judicial review - Certiorari - Jurisdictional error - Error of law on face of record - Whether leave to appeal from refusal of order required - Competing authorities - Supreme Court (General Civil Procedure) Rules 2005 O 56

Accident compensation - Transport accident - Benefits - Entitlement - Ancillary services - Rehabilitation - Application for compensation by way of purchase of quad bike - Transport Accident Commission - Power to fund purchase of motor vehicle - Scope - Purchase of quad bike as provision of rehabilitative service - Whether service must be subject to structured programme - "Rehabilitative service" - "Aid" ... "appliance", or "apparatus" - "Motor vehicle" - Transport Accident Act 1986 (No 111) ss 60(3) (3A) - Road Safety Act 1986 (No 127)

Accident compensation - Workers compensation - Jury trial - Causation - Assessment of damages - Pain and suffering - Vicissitudes of life - Pre-existing medical condition - Aggravation - Risk of further injury - No direction concerning vicissitudes - Reliance on written medical report - Risk that jury would misuse written report to reason impermissibly - Appeal allowed.

Legal practitioners - Fair trial - Closing address - Personal injuries claim - Submissions to jury as to quantum of damages - Defendant's counsel alluding to his surprise as to what plaintiff's counsel would be submitting - Inappropriate personal observation.

Accident compensation - Workers compensation - Support care worker for disabled persons - Back injury - Aggravation and acceleration - Jury trial - Judge's charge - Adequacy - Principle in Watts v Rake - Vicissitudes of life - Adequacy of pain and suffering damages - Adequacy of pecuniary loss damages - Contributory negligence - Whether contributory negligence open - Whether jury's apportionment open.

Accident compensation - Workers compensation - Jury trial - Negligence - Breach of statutory duty - Whether jury's finding of breach of statutory duty mandated a finding of negligence - Jury assessment - Contributory negligence - Damages - Pecuniary loss damages - Occupational Health and Safety (Manual Handling) Regulations 1999 (No 84) regs 14 15 16 - Occupational Health and Safety Regulations 2007 (No 54) regs 3.1.1 3.1.2

Accident compensation - Workers compensation - Impairment - Assessment - Medical panel - American Medical Association Guides to the Evaluation of Permanent Impairment - Interpretation - Spinal impairment categories - Multilevel fractures of spinal segments - Whether constituted multilevel spine segment structural compromise - Whether panel decision vitiated by jurisdictional error - Whether expert evidence admissible on question of construction of Guides - Accident Compensation Act 1985 (No 10191) s 91(1) - "As with fracture" - "Fractures" - American Medical Association Guides to the Evaluation of Permanent Impairment (4th ed) ss 3.3f 3.3g Tables 70 72

Evidence - Admissibility - Expert evidence - Personal injuries - Impairment assessment - Whether technical terminology - Use of expert medical evidence in aid of construction - Evidence Act 2008 (No 47) ss 55(1) 76(1) 79

Accident compensation - Workers compensation - Entitlement - Work capacity - Medical panel - Review of decision - Workplace injury to knee - Diminished capacity for work - Later unrelated unconnected non-workplace injury to shoulder with low back pain - Impermissible aggregation of injuries - Logic and policy - "No current work capacity" - "Arising from" - "Single incapacity" - Accident Compensation Act 1985 (No 10191) ss 5(1) 45 93 93C - Supreme Court (General Civil Procedure) Rules 2005 O 56

Accident compensation - Workplace injury - Breach of statutory duty - Negligence - Manual handling - School teacher - Removal of art exhibits pinned to classroom display wall - Unassisted use of two-step A-frame ladder - Both hands used to hold exhibits - Teacher descending backwards, losing step and falling on floor - Applicability of manual handling regulations - "Associated with" - "Hazardous manual handling" - "Musculoskeletal disorder" - "Use of force" - Occupational Health and Safety Regulations 2007 (No 54) regs 1.1.1 1.1.5 3.1.1 3.1.2 3.1.3 - Occupational Health and Safety Act 2004 (No 107) ss 2 4 20

Practice and procedure - Trial - Jury - Claim for damages for personal injury - Workplace accident - Breach of statutory duty - Negligence - Action based on Occupational Health and Safety Regulations withdrawn from jury's consideration before completion of evidence - Test - Excision of particular of negligence alleging breach of statutory duty - Ruling premature - No appellable error.

Practice and procedure - Trial - Jury verdict - Whether perverse - Whether reasonably open on the evidence.

Tort - Duty of care - Content - Breach - Occupier of land - Foreseeability of risk - Magnitude of risk - Insufficient consideration - Land adjacent to highway - Escape of horse from agistment - Paddock and main entrance gates left open - Horse colliding with motor vehicle - One passenger killed and another injured - Standard of care - Reasonable care in the circumstances - Prospective not retrospective assessment of risk - Very small risk of horse escaping - No additional precautions against escape of horse required from reasonable person - No breach of duty.

Tort - Duty of care - Horse agisted on land - Risk of escape - Tenant of neighbouring house - No control of horse or land - No duty of care.

Accident compensation - Transport accident - Payment of compensation - Indemnity claim by Transport Accident Commission against third parties - Occupier of land not in breach of duty of care to users of highway - Tenant owed no duty of care to users of highway to take precautions to prevent escape of horse.

Administrative law — Judicial review — Reasons — Adequacy — Statutory obligation — Path of reasoning — Medical panel opinion — Accident Compensation Act 1985 (Vic) s 68

Accident compensation — ‘No current work capacity’ — ‘Current work capacity’ — ‘Suitable employment’ — Accident Compensation Act 1985 (Vic) ss 5, 93C

Accident compensation — Serious injury application — Whether injury occurred in compensable circumstances — Payment of statutory benefits by insurer — Whether admission against interest by employer — Nature and significance of admission — Worker’s credibility in issue — Accident Compensation Act 1985 (Vic) s 134AB

Accident compensation — Transport accident — Claim for compensation — Time limit for claim — Respondent’s partner died as a result of a transport accident — Respondent made claim for funeral and dependency benefits — Respondent later sought to claim impairment benefit — Commission declined to determine respondent’s degree of impairment — Whether Transport Accident Act distinguishes between claims for compensation by persons injured as a result of transport accidents, and claims by dependants of persons who die as a result of transport accidents — Whether time limit in s 68 applies separately to each category of claim — Transport Accident Act 1986 (Vic), ss 35, 46A, 47, 68

Accident compensation — Motor vehicle — Injury arising from use of motor vehicle — Applicant left unconscious in parked motor vehicle — Applicant unconscious from drug overdose — Heatstroke and consequential injuries caused by prolonged heat exposure in parked vehicle — Whether injury arose out of the ‘use’ of a motor vehicle — Whether Transport Accident Commission liable to indemnify driver of motor vehicle in respect of applicant’s claim for damages — Transport Accident Act 1986 (Vic), ss 3(1), 3(3)(a), 94(1)(a)

Words and phrases — ‘caused by or arising out of’ — ‘use of motor vehicle’

Accident compensation — Truck driver sustained injury after alighting from truck — Intention to inspect drop off point for delivery — Truck stationary — Whether incident a transport accident — Whether injury ‘directly caused by’ the driving of a motor vehicle — Transport Accident Act 1986 (Vic), s 3

Words and phrases — ‘transport accident’ — ‘directly caused by’

Accident compensation — Transport accident — Serious injury — Application for leave to commence common law proceeding — Standard of appellate review — Whether judge erred in failing to be satisfied that consequences were collectively very considerable — Transport Accident Act 1986 (Vic), s 93