Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v PVYW [2012] FCAFC 181 Citation: Comcare v PVYW [2012] FCAFC 181
Appeal from: PVYW v Comcare (No 2) [2012] FCA 395
Parties: COMCARE v PVYW
File number: NSD 656 of 2012
Judges: KEANE CJ, BUCHANAN AND BROMBERG JJ
Date of judgment: 13 December 2012
Catchwords: WORKERS' COMPENSATION – application of the principles established in Hatzimanolis v ANI Corporation Limited – whether injuries were sustained in the course of employment – employee injured during an overnight stay in a motel room booked by her employer – injuries were sustained in an interval or interlude within an overall period or episode of work – whether it is sufficient that the injuries were sustained by the employee at a place the employer induced or encouraged her to be
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Safety, Rehabilitation and Compensation Act 1988 (Cth)
Cases cited: Comcare v Mather (1995) 56 FCR 456 Comcare v McCallum (1994) 49 FCR 199 The Commonwealth v Oliver (1962) 107 CLR 353 Danvers v Commissioner for Railways (NSW) (1969) 122 CLR 529 Dew v Maher (1996) 14 NSWCCR 56; [1996] NSWCA 154 Hatzimanolis v ANI Corporation Limited (1992) 173 CLR 473 Inverell Shire Council v Lewis (1992) 8 NSWCCR 562 State of New South Wales v Lepore (2003) 212 CLR 511 Workcover Authority of New South Wales v Walling (1998) 16 NSWCCR 527; [1998] NSWSC 315 Workcover Authority of New South Wales v Walsh [2004] NSWCA 186
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