Tiwi Barge Services Pty Ltd v Stark, Julie Ann [1997] FCA 874

FEDERAL COURT OF AUSTRALIA COMPENSATION - seafarers' compensation - appeal from AAT - 'employee' means 'a seafarer' - compensation for injury resulting in death - definition of 'prescribed ship' - definition of 'inter-State voyage' - vessel capsized before reaching destination - whether engaged in inter-State travel. Seafarers Rehabilitation and Compensation Act 1992 (Cth) Navigation Act 1912 (Cth) Administrative Appeal Tribunal Act 1975 (Cth) TIWI BARGE SERVICES PTY LTD v JULIE ANN STARK DG 2 of 1997 NORTHROP, COOPER and MANSFIELD JJ DARWIN 3 SEPTEMBER 1997

GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA DARWIN DISTRICT REGISTRY DG 2 of 1997 On appeal from the Administrative Appeals Tribunal constituted by Deputy President Forgie BETWEEN: TIWI BARGE SERVICES PTY LTD Applicant AND: JULIE ANN STARK Respondent JUDGES: NORTHROP, COOPER and MANSFIELD JJ DATE OF ORDER: 3 SEPTEMBER 1997 WHERE MADE: DARWIN THE COURT ORDERS THAT: 1. The appeal is dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA DARWIN DISTRICT REGISTRY DG 2 of 1997 On appeal from the Administrative Appeals Tribunal constituted by Deputy President Forgie BETWEEN: TIWI BARGE SERVICES PTY LTD Applicant AND: JULIE ANN STARK Respondent JUDGES: NORTHROP, COOPER and MANSFIELD JJ DATE: 3 SEPTEMBER 1997 PLACE: DARWIN REASONS FOR JUDGMENT THE COURT: On 6 August 1995 the vessel KeppelTrader left the Port of Darwin in the Northern Territory on a voyage to the Port of Wyndham in Western Australia. At about 0800 hours on 7 August 1995 at a point approximately ten nautical miles north west of Pearce Point in Northern Territory waters the KeppelTrader capsized. The vessel had not left Northern Territory waters. The vessel never reached its intended destination namely the Port of Wyndham.