A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Construction
Tuesday, 17 February 2015
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Executive Summary (One Minute Read)
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| Di
Paolo v Salta Constructions Pty Ltd (VSC) - choice of law -
workplace injury - limitations - uniform cross-border compensation legislation
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| Summaries With Link (Five Minute Read) |
Di Paolo v Salta
Constructions Pty Ltd
[2015] VSC 31
Supreme
Court of Victoria
Ginnane
J
Choice
of law - limitations - plaintiff sued defendants for workplace injuries
sustained in Perth - plaintiff was resident of the State of Victoria and
working in Perth at time of accident - plaintiff contended law of Victoria
governed proceeding - effect of national
uniform legislation for coverage of workers operating temporarily in another
jurisdiction - limitation period governing claims - ss80, 129MA & 129MB Accident Compensation Act 1985 (Vic) – ss20,
93AA, 93AB Workers’ Compensation and
Injury Management Act 1981 (WA) (WCIMA) - held: plaintiff’s claims governed
by substantive law, including applicable limitation periods, of common law of
Western Australia, unmodified by Div 1a Pt IV Workers’ Compensation and Injury Management Act 1981 (WA).
Di
Paolo
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