FAI General Insurance Co Ltd & Anor v Workcover Corp of South Australia & Ors [1998] FCA 675

FEDERAL COURT OF AUSTRALIA Practice and Procedure - Pleading - statement of claim - functions of statement of claim - pleading of material facts - applications to strike out - whether case stated sufficiently in terms that respondents are able to meet - whether pleadings state conclusion without material facts in support. Trade Practices - Pleading of contraventions of s45 and 46 - essential elements of cause of action - pleading of causal relationship between contravention and loss. Workers Rehabilitation and Compensation Act 1986 (SA) Workcover Corporation Act 1994 (SA) Trade Practices Act 1974 (Cth) Competition Policy Reform (South Australia) Act 1996

Workcover Corporation of South Australia v Olifent, (unreported, 30 May 1997, Matheson, Olsson and Williams JJ) referred to Australian Tape Manufacturers Association Limited v The Commonwealth of Australia (1993) 177 CLR 480 referred to Air Services Australia v Onark Airlines Limited (1998) 152 ALR 656 referred to Multigroup Distribution Services Pty Limited v TNT Australia Pty Ltd and Others (1996) ATPR 41-552 applied Mick Skorpos Petrol Discount King Pty Ltd v The Shell Company of Australia Ltd (1997) ATPR 41-556 applied Natwest Australia Bank Ltd v Boral Gerrard Strappings Systems Pty Ltd (1992) ATPR 41-196 applied Bond Corporation Pty Ltd v Thiess Contractors Pty Ltd (1987) 14 FCR 193 applied General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 followed Matter No. SG42 of 1998 FAI GENERAL INSURANCE COMPANY LTD & ANOTHER v WORKCOVER CORPORATION OF SOUTH AUSTRALIA & OTHERS VON DOUSSA J ADELAIDE 12 JUNE 1998

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG42 of 1998

BETWEEN: fai general insurance company ltd

FIRST Applicant

fai workers compensation (sa) pty ltd