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On Appeal Issue 8: August 2020 has been released

10 Aug 2020

Issue 8 – 2020 is a summary of July 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 Court of Appeal decision:

Gardiner v Laing O’Rourke Australia Construction Pty Ltd [2020] NSWCA 151

DEEDS – deed of release – construction – express terms of deed – whether deed of release relating to the settlement of complaints relating to discriminatory conduct discharged liabilities arising out of workers’ compensation legislation – where entitlement to sue under workers compensation legislation expressly preserved

WORKERS’ COMPENSATION – entitlement to compensation – exclusions – payment to settle complaint under Anti-Discrimination Act 1977 (NSW) – whether payment constituted “damages” under the 1987 Act, s 149 – operation of the 1987 Act, s 151A, s 280B

WORDS AND PHRASES – “damages”, “monetary compensation” – the 1987 Act, ss 149, 151A

Issue 8 can be found here

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