Barbaro, A. v. Leighton Contractors Pty Ltd [1980] FCA 73

TA CATCHWORDS

SFM FEET eee em

Workmen's Compensation Ordinance 195] - Payments of compensation on basis of total incapacity made voluntarily - Cessation of such payments without agreement or arbitration - Effect of paragraph 12

of First Schedule of Ordinance - Application by

worker for arrears of payments and for award on basis of continuing total incapacity or alternatively partial incapacity - Whether onus of proof as to continuance

of total incapacity on employer or worker - Whether

onus of proof of partial incapacity on worker.

Antonio Barbaro v. Leighton Contractors Pty. Limited

F.C. No. 8 of 1979 ° Coram: Smithers, Connor and Franki JJ. Date: 27 May 1980

Canberra.

. OR ORATT 1. AORTA RETIRE IT

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

DISTRICT R=GISTRY

GENERAL DIVISION

Judges Making Order:

Date of Order:

Where Made:

THE COURT ORDERS THAT:

1, The appeal to this Court is dismissed.

2. There

wm eS Bs]

ON APPEAL FROM "HE SUPREME COURT OF

THE AUSTRALTAN CAPITAL TERRITORY

BETWESN:

A ND:

ORDER

ANTONIO BARBARO

Appellant

LETGHTON CONTRACTORS

Respondent

Smithers, Connor and Frankia <i.

27 May 1980

Canberra

eppeal to this Court,

shall be no order as to the ccsts of tne

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DESTRICT REGISTRY

Ne ty e Q ° ved Oo ® fe) iy

' AaWw

GENERAL DIVISION

ON APPEAL FROM THE SUPREME CCURT OF

Tilk AUSTRALTA® CAPITAL TERRITORY

BETWLEN: ANTONIO BARBARO

Appellant

AT D: LEIGHTON CONTRACTORS PTY. LIMITED

Respondent

Coram; Smithers, Connor and Franki JJ.

27 May 1980

Canberra

SEASONS FOR JUDGMENT

Smithers J.: Section 7(1) of the Werkmsn's Compensation Ordinance

1951 (as amended) (the Ordinance) provides that:- "If personal ingury by accident arising out of or in the course cf his employnent by his employer 13 caused to a vorkman, his employes shall, subject to the Ordznance, be liable tc pay comnensavion in