Friend v Comcare [2021] FCA 837

Federal Court of Australia

Friend v Comcare [2021] FCA 837 File number(s): NSD 208 of 2021

Judgment of: RARES J

Date of judgment: 23 July 2021

Catchwords: WORKERS' COMPENSATION – statutory interpretation – whether payment to settle claim constituted 'damages' or a 'recovery of damages' within the meaning of s 48(1)(a) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRCA) – where Comcare had accepted the employee's claim for compensation in respect of physical and mental injuries sustained in the course of employment under the SRCA – where Comcare paid employee compensation for injuries – where employee complained under Australian Human Rights Commission Act 1986 (Cth) of unlawful discrimination by employer and other employees under s 15(2) of Disability Discrimination Act 1992 (Cth) and under s 14(2) of the Sex Discrimination Act 1984 (Cth) (SDA) on the basis of her disability or sex and about sexual harassment under s 28A of SDA – where employer, without admissions, and employee settled complaint by deed of release in consideration of lump sum payment and grant of releases – where Comcare claimed lump sum was recovery of damages in respect of injury to employee in respect of which compensation is payable under s 48(1)(a) of SRCA – where lump sum payment not referable to any specific head of damages or claim – whether lump sum payment and retention of workers' compensation payments constituted double recovery – Held: no part of the lump sum payment constituted damages or a recovery of damages to which s 48(1)(a) of SRCA applied

Legislation: Acts Interpretation Act 1901 (Cth) s 13 Anti-Discrimination Act 1987 (NSW) Australian Federal Police Act 1979 (Cth) ss 24, 32 Australian Human Rights Commission Act 1986 (Cth) ss 3, 46P, 46PE, 46PF, 46PH, 46PJ, 46PO Competition and Consumer Act 2010 (Cth) Disability Discrimination Act 1992 (Cth) ss 3, 4, 5, 6, 12, 15, 124 Fatal Accidents Act 1846 (UK) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5A, 7, 14, 24, 27, 44, 45, 46, 47, 48, 49, 50, 51, 52, 52A, 53, 54 Seafarers Rehabilitation and Compensation Act 1992 (Cth) ss 54, 55 Sex Discrimination Act 1984 (Cth) ss 3, 5, 9, 14, 28A, 108