"At the time of Jack's death, Chloe and the 3 children were financially dependent on Jack for support. This included general life expenses together with living costs, housing costs and medical costs. It was Jack's intention to support his family financially on an ongoing basis...Prior to his passing, Jack would help with the maintenance of his family house including mowing, gardening and general maintenance...Jack was paying mortgage repayments on the family home...Jack also made ongoing payments to the family vehicle which they used as their main mode of transportation."

1. Apart from the applicant, the second respondent, the third respondent, and the fourth respondent, it now remains for me to determine whether there were any other persons who were dependent on the worker in that they had reasonable expectations that the worker would provide support for them into the future. In this regard, I note the following evidence:

(a) the worker's grandparents are deceased - see Sam Greaney's 4 August 2025 statement;

(b) the worker's father is deceased - see Sam Greaney's 4 August 2025 statement;

(c) the worker's mother has declared that she was not dependent on him and did not seek any compensation in respect of his death - see Cathy Lorraine Greaney's 10 January 2025 statutory declaration;

(d) the worker only had two siblings (Sam Greaney and Laura Greaney) - see Sam Greaney's 1 September 2025 statement;

(e) Sam Greaney has declared that he was not dependent on the worker and did not seek any compensation in respect of his death - see Sam Greaney's

10 January 2025 statutory declaration;

(f) Laura Greaney has declared that she was not dependent on the worker and did not seek any compensation in respect of his death - see Laura Greaney's

10 January 2025 statutory declaration;

(g) the worker was not married prior to his relationship with the applicant - see Sam Greaney's 1 September 2025 statement, and

(h) the worker had no children other than the second respondent, the third respondent, and the fourth respondent - see Sam Greaney's 1 September 2025 statement.

1. Relying upon this evidence (especially the statement evidence from Sam Greaney, who being the worker's brother, is placed in one of the best positions to know his familial situation), I am satisfied that apart from the applicant, the second respondent, the third respondent, and the fourth respondent, there were no grandparents, parents, siblings, spouses, partners, children or others dependent on the worker for support.

How should the amount of $938,600 be apportioned between the applicant, the second respondent, the third respondent, and the fourth respondent, pursuant to s 29 of the 1987 Act

1. Section 29 of the 1987 Act relevantly provides:

"(1) The compensation payable under this Division to each dependant of a deceased worker may be apportioned by the Commission or by the NSW Trustee.

(1A) The lump sum death benefit payable under this Division is not to be apportioned if a deceased worker leaves only one dependant (whether wholly or partly dependent on the worker for support) and the whole of the lump sum death benefit is to be paid to that one dependant.

(1B) In apportioning the lump sum death benefit payable under this Division between 2 or more dependants, the whole lump sum death benefit is to be apportioned among those dependants (so that the sum of the apportioned amounts equals the full lump sum death benefit)."

1. As indicated at paragraph 13 above, the parties have agreed an appropriate apportionment of the lump sum payable under s 25(1)(a) of the 1987 Act. The agreement in this regard is:

(a) applicant - 50%;

(b) second respondent - 15.5%;

(c) third respondent - 16.5%, and

(d) fourth respondent - 18%.

1. I consider this proposed apportionment to be a sound apportionment of the appropriate lump sum having regard to the dependency levels upon the worker of each dependent. The apportionment allows the applicant to receive one half of the lump sum, which is appropriate considering that at the time of the worker's death, she had been in a long-term relationship with the worker. There was no evidence before me that the relationship was not likely to continue indefinitely. Indeed, the evidence (especially from Sam Greaney, Laura Greaney, and Emma McMaster) suggests a very strong relationship between the applicant and the worker, with them each mutually sharing their family's assets, liabilities, finances and responsibilities. The applicant had a reasonable expectation of receiving substantial financial and other support from the worker for over 30 years of his future working life. It is also important to note that the applicant was only 34-years-old when the worker died.
2. The proposed apportionment also allows the children of the worker and the applicant to receive appropriate allowances for their financial dependence upon both the worker and the applicant, in that they were totally dependent upon the two of them at the date of the worker's death. This level of dependence was likely to continue for many years, at least up until they had finished their studies and begun work. In this regard, the applicant's 30 May 2025 statement is clear as to the worker's absolute intent on providing his children with the best educational opportunities that he and the applicant could.
3. There is no evidence before me that any of the children require any special medical or other needs. However, the second respondent is approximately 18 months older than the third respondent, and the third respondent is approximately two years older than the fourth respondent. As a result as at the date of the worker's death, the fourth respondent could have expected to receive support from him for slightly longer than the third respondent, and the third respondent could have expected to receive support from him for slightly longer than the second respondent. The small difference in the various apportionments to the three children is entirely appropriate in the circumstances.
4. I therefore propose to approve the apportionment agreed between the parties.

Are the applicant, the second respondent, the third respondent, and the fourth respondent entitled to interest on the amounts awarded to them, pursuant to s 109 of the 1998 Act

1. Section 109 of the 1998 Act relevantly provides:

"(1) In any proceedings before the Commission, the Commission may order that there is to be included, in any sum to be paid, interest at such rate as the Commission thinks fit on the whole or any part of the sum for the whole or any part of the period before the sum is payable, subject to the limitations imposed by this section.

(a) on any compensation payable under Division 4 of Part 3 of the 1987 Act, or

(b) on any compensation payable under this Act for any period before a claim for the compensation was duly made, or

(c) on any compensation payable under this Act for any period during which proceedings before the Commission were adjourned on the application of the claimant for the compensation or pursuant to section 102.

(a) authorise the giving of interest upon interest, or

(b) apply in relation to any debt upon which interest is payable as of right whether by virtue of any agreement or otherwise."

1. As indicated at paragraph 12(f) above, the parties have agreed as to the interest rates to be paid by the first respondent on the amounts awarded to the applicant, the second respondent, the third respondent and the fourth respondent. There is also no dispute between the parties regarding the period during which interest is to be paid.
2. The power of the Commission to award interest is however discretionary. The relevant interest rate to be awarded is also within the discretion of the Commission.
3. In Pheeney v Doolan (No 2) [1977] 1 NSWLR 601 (Pheeney), the Court of Appeal said that it was necessary to determine in what respect a party has been financially disadvantaged by delay in the payment of (in that case) damages so as to make an appropriate allowance of interest. Reynolds JA, Moffitt P and Mahoney JA agreeing on point, said:

"It provides an ancillary power akin to an order for costs, and its purpose is to aid the court to do more complete justice between the parties than is otherwise possible ... It is not designed to compensate a plaintiff for loss arising out of the cause of action, but to provide compensation where it is otherwise appropriate to do so for the circumstance that a sum of money has been outstanding to him for a period of time."

1. Applying this reasoning, and considering the agreement of the parties, I am satisfied that it is appropriate to exercise my discretion to award interest.
2. In relation to the interest rates to be applied, I have no hesitation in agreeing with the rates proposed by the parties. In doing so, I note the purpose behind interest awards per Pheeney. I also note that the rates are calculated with reliance upon the Reserve Bank of Australia's cash rates since 13 February 2025.

How are the amounts awarded to the applicant, the second respondent, the third respondent, and the fourth respondent to be paid in accordance with ss 85 and 85A of the 1987 Act

"(1) The following compensation shall be paid to the NSW Trustee in trust for the benefit of the persons entitled to the compensation--

(a) compensation payable in respect of the death of a worker (unless paid to a worker's legal personal representative or a particular person in accordance with this Act or an award),

(b) compensation payable to a person who is mentally ill (unless the Commission otherwise orders),

(c) compensation payable to a worker under the age of 18 years if the worker agrees or the Commission directs that the compensation be paid to the NSW Trustee,

(d) a lump sum commutation payment which the worker agrees or the Commission orders to be paid to the NSW Trustee.

(2) Any money so paid to the NSW Trustee may be invested, applied, paid out or otherwise dealt with by the NSW Trustee in such manner as the NSW Trustee thinks fit for the benefit of the persons entitled to the money.

(3) If a surviving spouse (including widow or widower) (over 18 years of age and not mentally ill) is the only person entitled to compensation paid to the NSW Trustee in respect of the death of a worker, the compensation shall be paid out to the surviving spouse in one or more lump sums determined by the NSW Trustee.

(4) A reference in subsection (3) to the surviving spouse of a deceased worker includes a reference to a dependant of the worker who is the de facto partner of the worker.

(5) In the case of a lump sum commutation payment, the NSW Trustee shall exercise its powers under this section in accordance with the agreement or order under which it was paid to the NSW Trustee.

(6) The Commission may, for any sufficient cause, vary the manner in which the NSW Trustee invests, applies, pays out or otherwise deals with money under this section.

(7) The NSW Trustee may apply for any such variation.

(8) The receipt of the NSW Trustee is sufficient discharge in respect of any money paid to the NSW Trustee under this section."

"(1) Despite section 85, the Commission may authorise the payment of compensation referred to in section 85 (1)--

(a) to the person who is entitled to the compensation, or

(b) to such other person, for the benefit of the person entitled to the compensation, as the Commission thinks fit.

(2) Any such payment is to be made in the manner authorised by the Commission."

1. I am given a wide discretion in accordance with s 85A of the 1987 Act in relation to how I authorise the payment of the amounts payable to the dependents. There is no reason why I would not order that the applicant receive the amount payable to her, and I will do so.
2. The amounts payable to the second, third and fourth respondents however need to be paid into trust funds as they are all well under 18-years-of-age. I note that the applicant was initially considering setting up trust funds by herself in this regard, and had sought relevant financial advice. However, in my opinion, those trust funds (as referred to in the applicant's ALAD) were not appropriate, and I note (see paragraph 12(h) above) that all parties are now content with the amounts payable to the second, third and fourth respondents being paid to the NSW Trustee and Guardian on trust for the benefit of those respondents, in accordance with s 85 of the 1987 Act.
3. As a result of the need for these amounts to be paid to the NSW Trustee and Guardian, the first respondent will be ordered to pay management fees (in accordance with s 25(1A) of the 1987 Act) as additional compensation.

1. In summary, I make the following formal findings:

(a) that the worker died on 29 October 2024 as a result of injury arising out of or in the course of his employment with the first respondent, pursuant to s 4 of the 1987 Act;

(b) that the applicant was dependent on the worker for support;

(c) that the second respondent was dependent on the worker for support;

(d) that the third respondent was dependent on the worker for support;

(e) that the fourth respondent was dependent on the worker for support;

(f) that there were no other persons dependent on the worker for support;

(g) that the first respondent is liable to pay the amount of $938,600 pursuant to s 25(1)(a) of the 1987 Act;

(h) that the amount of $938,600 is to be apportioned as follows, pursuant to s 29 of the 1987 Act:

(i) applicant - 50%;

(ii) second respondent - 15.5%;

(iii) third respondent - 16.5%, and

(iv) fourth respondent - 18%;

(i) that the first respondent is to pay interest on the amounts awarded to the applicant, the second respondent, the third respondent and the fourth respondent, pursuant to s 109 of the 1998 Act, from 13 February 2025, at the following rates:

(i) between 13 February 2025 and 18 February 2025 - 6.35%;

(ii) between 19 February 2025 and 20 May 2025 - 6.1%;

(iii) between 21 May 2025 and 12 August 2025 - 5.85%, and

(iv) between 13 August 2025 and 23 October 2025 - 5.6%, and

(j) that the first respondent is to pay management fees on the amounts awarded to the second respondent, the third respondent, and the fourth respondent, pursuant to s 25(1A) of the 1987 Act.

1. Considering my findings, there will be awards that the first respondent pay:

(a) an amount of $469,300 together with interest of $19,129.51 to the applicant;

(b) an amount of $145,483 together with interest of $5,929.99 as well as management fees of $38,355.45 to the NSW Trustee and Guardian on trust for the benefit of the second respondent;

(c) an amount of $154,869 together with interest of $6,312.32 as well as management fees of $46,052.69 to the NSW Trustee and Guardian on trust for the benefit of the third respondent, and

(d) an amount of $168,948 together with interest of $6,887.14 as well as management fees of $52,430.80 to the NSW Trustee and Guardian on trust for the benefit of the fourth respondent.