Federal Court of Australia
CATCHWORDS "
Assessment of damages -.Professional negligence of solicitors - Failure to institute proceedings in respect of the death of an employee within time - Whether compensation repayment provisions, ss.99 and 102 of Compensation (Commonwealth
Government Employees) Act 1971, apply.
RITA MARJORIE BUTLER on behalf of herself and her children CAROLYN ANNE BUTLER, TREVOR JOHN BUTLER and JANINE LINDA BUTLER
ve
KENNETH JOSEPH JOHNSTON, PETER NOBLE GUILD and MICHAEL ANTHONY SOMES
A.C.T. No. G.67 of 1983 Coram: Blackburn, Gallop and Neaves Date: 3 May 1984
Canberra.
Re ee ere mene oe re ie te re rr erm tn eee
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
GENERAL DIVISION
a '
)
)
) .
) No. ACT G67 of 1983 )
)
)
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN:
AND:
JUDGES MAKING ORDER
DATE OF ORDER
WHERE MADE
THE COURT ORDERS:
RITA MARJORIE BUTLER on behalf of
herself and her children CAROLYN ANN BUTLER, TREVOR JOHN BUTLER and JANINE LINDA BUTLER
Appellant
KENNETH JOSEPH JOHNSTON, PETER NOBLE GUILD and MICHAEL ANTHONY SOMES
Respondents
ORDER Blackburn, Gallop and Neaves JJ. 3 May 1984
Canberra.
(1) that the appeal be dismissed.
(2) that the appellant pay the respondent's costs of
this appeal.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. ACT G67 of 1983 DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
BETWEEN: RITA MARJORIE BUTLER on behalf of herself and her children CAROLYN ANN BUTLER, TREVOR JOHN BUTLER and JANINE LINDA BUTLER
Appellant AND: KENNETH JOSEPH JOHNSTON, PETER NOBLE GUILD and MICHAEL ANTHONY SOMES Respondents
CORAM: Blackburn, Gallop and Neaves JJ.
REASONS FOR JUDGMENT
THE COURT 3 May 1984
On 12 June 1974 the appellant's husband was killed at work whilst in the employ of the Commonwealth of Australia. The appellant engaged the respondent solicitors for the purpose of instituting proceedings against the Commonwealth on behalf of herself and her children pursuant to the Compensation (Fatal Injuries) Ordinance 1968 (the Ordinance). The solicitors failed to institute such
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