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Butterworths Legal Express

Recent Workers' Compensation Cases

AUSTRALIAN CAPITAL TERRITORY
Lyristakis v Argus Real Estate Holdings Pty Ltd - Supreme Court, ACT - Crispin J - 1 Nov 2001 [2001] ACTSC 101, 7 pages
Injury - Partial incapacity - Evidence - Appeal against decision of trial judge - Finding of partial incapacity.

WESTERN AUSTRALIA
Monger, Re; Ex parte Swan Portland Cement Ltd 2001.- Supreme Court, WA, Full Court - Malcolm CJ, Kennedy and Steytler JJ - 23 Oct 2001 [2001] , 31 pages
Courts and tribunals - Conciliation - Jurisdiction - Application for certiorari in respect of decisions by Director of Conciliation Directorate - Decisions to accept application under (WA) Workers’ Compensation and Rehabilitation Act 1981 s 93D.

COMMONWEALTH
Coulton v Comcare - Federal Court of Australia - Cooper J - 14 Sep 2001 [2001] FCA 1312, 32 pages
Courts and tribunals - Jurisdiction - Reviewable decisions - Appeal from decision of Administrative Appeals Tribunal (AAT) - Jurisdiction of AAT to entertain claims for assessment of permanent impairment

NORTHERN TERRITORY
Murwangi Community Aboriginal Corp v Caroll - Supreme Court, NT - Thomas J - 5 Oct 2001 [2001] NTSC 85, 32 pages
Compensation - Weekly earnings - Food and lodgings - Appeal from decision of Work Health Court - Decision that worker’s normal weekly earnings were properly calculated.

NEW SOUTH WALES
Brambles (Aust) Ltd v Ives - Supreme Court, NSW, Court of Appeal - Ipp AJA and Sperling J - 17 Sep 2001 [2001] NSWCA 331, 5 pages
Compensation - Injury in the course of employment - Appeal against damages - Appeal against assessment of damages for hand injury - Industrial accident.

WESTERN AUSTRALIA
Department of Family & Children’s Services v Furnace - Supreme Court, WA, Full Court - Malcolm CJ, Wheeler and Miller JJ - 14 Sep 2001 [2001] WASCA 285, 11 pages
Courts and tribunals - Medical assessment panel - Jurisdiction - Application for prerogative writs - Substantive proceedings to obtain compensation.

WESTERN AUSTRALIA
Babban, Re; Ex parte Suleski - Supreme Court, WA, Full Court - Kennedy, Wallwork and Steytler JJ - 25 Sep 2001 [2001] WASCA 289, 8 pages
Courts and tribunals - Medical assessment panel - Duty to give reasons - Application for certiorari - Referral of question to Medical Assessment Panel (MAP).

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