ARU v Victims Compensation Fund Corporation [2016] NSWCATAD 87

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ARU v Victims Compensation Fund Corporation [2016] NSWCATAD 87 Hearing dates: 4 December 2015 Date of orders: 11 May 2016 Decision date: 11 May 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: 1. Pursuant to section 38 (5) of the old Act I set aside the decision of the compensation assessor dated 23 July 2010.

2. Pursuant to section 29 (1) (a) of the old Act I make an award of Statutory Compensation under sections 17 and 18 of the Victims Support and Rehabilitation Act 1996 in the total amount of $35,352.00. Catchwords: VICTIMS Compensation – Operation of section 7 Victims Support and Rehabilitation Act 1996 – Operation of Clause 4 - Act of violence- causation - as a direct result - compensable injury as an indirect result - weight of evidence - expert evidence- existing condition. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Victims Rights and Support Act 2013 (NSW) Victims Rights and Support Regulation 2013 Victims Support and Rehabilitation Act 1966 (NSW) Cases Cited: ARU v Victims Compensation Fund Corporation [2014] NSWCATAD 203 ATX v Victims Compensation Fund Corporation [2014] NSWCATAP 71 ARU v Victims Compensation Fund Corporation [2015] NSWCATAP 211 Victims Compensation Fund Corporation v Sarah Jane Hill (2000) NSWCA 75 Akins v National Australia Bank (1994) 34 NSWLR 155 Wilson v The Prothonatory (2000) NSWCA 23 Commonwealth Bank of Australia v Quaid (1991) 178 CLR 134 Category: Principal judgment Parties: ARU (Applicant) Victims Compensation Fund Corporation (Respondent) Representation: Solicitors: Mother of ARU (as tutor/agent for Applicant) Victims Services (Respondent) File Number(s): 1510670 Publication restriction: Section 64 of the Civil and Administrative Tribunal Act 2013 restricting publication of information that will identify the applicant.