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[2023] VSCA 223
General information, not legal advice.
Court of Appeal (Vic)
2023-09-15
Beach JA
Original judgment source is linked above.
[1] His Honour Judge Coish had retired. It was agreed between the parties that the evidence given before Judge Coish in the TAC proceeding would stand as evidence in both proceedings.
[2] In the TAC proceeding, see Keay v Transport Accident Commission [2023] VCC 18. In the VWA proceeding, see Keay v Metro Trains Melbourne Pty Ltd [2023] VCC 17 ('Reasons').
[3] See s 5(1) of the WIRC Act and s 4(1)(a) of the AC Act.
[5] [2020] VSCA 240 ('Belgrave Heights').
[11] Relevantly re-enacted in s 326 of the WIRC Act: see paragraph [16] above.
[12] In support of that statement, the plaintiff relied upon Belgrave Heights at [47] and [71].
[13] Or, so far as the AC Act is concerned, the relevantly identical provisions of the WIRC Act.
[14] Belgrave Heights [2020] VSCA 240, [45]-[46], [49]-[50].
[19] See Belgrave Heights [2020] VSCA 240, [50]-[51].
[20] Depending upon whether the gradual process injury was caused by work performed wholly before 1 July 2014, or by work performed (at least in part) on or after 1 July 2014.
[21] Primary Health Care Ltd v Giakalis [2013] VSCA 75; (2013) 38 VR 165, 174 [34]-[35] (Kaye AJA, with whom Weinberg JA and Vickery AJA agreed), dealing with the equivalent ss 134AA and 134AB of the AC Act.
[23] See ss 134AA and 134AB of the AC Act. See also, s 135A(1) of the AC Act as enacted by s 5 of the Accident Compensation (Further Amendment) Act 1992.
[24] See s 93 of the TA Act and Belgrave Heights [2020] VSCA 240, [52], [54].
Metro Trains Pty Ltd
Keay [2023] VSCA 223
[2023] VCC 17 (Judge Davis)
Belgrave Heights Christian School v Moore [2020] VSCA 240, Primary Health Care Ltd v Giakalis [2013] VSCA 75; (2013) 38 VR 165 applied.
(2013) 38 VR 165