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Catchwords are the way in which we classify reports into a consistent taxonomy.

Application for leave to bring proceeding(2 results)

Reports matching this catchword classification

Alcoa of Australia Ltd v McKenna8 VR 452

[2003] VSCA 182·(Court of Appeal) (2003) Buchanan and Chernov JJA and Ashley AJA·20 Nov 2003·23p·

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)

Wilson v State of Victoria10 VR 361

[2004] VSCA 55·(Court of Appeal) (2004) Callaway, Buchanan and Chernov JJA·15 Apr 2004·8p·

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)