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On Appeal Issue 12: December 2020 has been released

10 Dec 2020

Issue 12 – 2020 is a summary of November 2020 Presidential and Court of Appeal decisions.

These summaries are prepared by the Presidential Unit and are designed to provide an overview of, and introduction to, the most recent Presidential decisions.

They are not intended to be a substitute for reading the decisions in full, nor are they a substitute for a decision maker’s independent research.

This issue we highlight the following decision:

Meat Carter Pty Ltd v Melides [2020] NSWCA 307

WORKERS’ COMPENSATION – Construction of the 1987 Act, s 38A – Whether payment at special rate pursuant to s 38A payable from time of injury or from time the worker satisfies the definition of “worker with highest needs” – consideration of the defined term “worker with highest needs”

Ali v Form Group NSW Pty Limited [2020] NSWWCCPD 64

Factual determination – whether material facts were overlooked or given too little weight; Whiteley Muir & Zwanenberg Ltd v Kerr (1966) 39 ALJR 505, Raulston v Toll Pty Ltd [2011] NSWWCCPD 25; 10 DDCR 156 discussed and applied; failure to cross examine – rejection of evidence which is not the subject of cross-examination; Ali v Nationwide News Pty Ltd [2008] NSWCA 183 applied; application of common knowledge and experience – Nicolia v Commissioner for Railways (NSW) (1971) 45 ALJR 465 applied

Issue 12 can be found here

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