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Family violence, fear and failure – claim still accepted

 Family violence, fear and failure – claim still accepted 900 577 aelegal

(RE RC [2026] WADC 93) Background The appellant sought criminal injuries compensation for injuries arising from two alleged assaults, by her former partner, which occurred on 20 August 2020 (August incident) and 19 October 2020 (October incident). The Assessor refused the application under s 38 of the Criminal Injuries Compensation Act 2003 (WA) (the Act)…

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Suitable employment may lead to no income compensation

 Suitable employment may lead to no income compensation 900 577 aelegal

Bennison v Qube Ports Pty Ltd [2026] WADC 87, decided by Cormann DCJ in the District Court of Western Australia on 3 September 2026. What the case was about Mr Bennison was employed by Qube Ports Pty Ltd as a stevedore. On 17 July 2022, he injured his left distal bicep/elbow while climbing a ladder…

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Likely future medical expenses to be incurred denied

 Likely future medical expenses to be incurred denied 900 577 aelegal

Likely future medical expenses to be incurred denied – Armet v CFC Consolidated Pty Ltd [2026] WADC 81. What the case was about The case concerned an appeal by Stephane Armet against a WorkCover WA arbitrator’s decision refusing his claim for payment of future medical treatment expenses arising from injuries he said he suffered at…

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A tale of two boys

 A tale of two boys 900 577 aelegal

A tale of two boys: – Geoffrey (Isaac) Mather by his next friend Elke Lunn v Insurance Commission of Western Australia [2025] WADC 78 On 1 November 2020, Sabine Mather was killed in a motor vehicle accident caused by the negligent driving of her husband, James Mather. James Mather also died in the accident. The…

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A Case About Whether an Extension of Time Should be Allowed for Criminal Injuries Compensation Application

 A Case About Whether an Extension of Time Should be Allowed for Criminal Injuries Compensation Application 900 577 aelegal

Case: RE SR [2025] WADC 37  Introduction At the centre of this Western Australian District Court (‘DC’) case was a dispute about whether it was just and reasonable to allow an application for criminal injuries compensation to be lodged despite a 24-year delay. Background In July 2004, the appellant informed his mother that his stepfather had…

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Moon v Execom: Who Was the Employer?

 Moon v Execom: Who Was the Employer? 900 577 aelegal

A Case About Liability in Labour Hire Arrangements Case: Moon Recruitment Pty Ltd v Execom Software Pty Ltd t/as Execom Personnel [2025] WADC 18 Issue: Who was the true employer of an injured worker—and therefore, who was liable for his workers’ compensation entitlements? Introduction The District Court of Western Australia recently considered a case that…

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Failure to Assist? Not So Fast, Says the Court

 Failure to Assist? Not So Fast, Says the Court 900 577 aelegal

Re Burleigh [2025] WADC 11 In Re Burleigh [2025] WADC 11, the District Court of Western Australia allowed an appeal brought by a prisoner whose criminal injuries compensation claim had been refused by an assessor. The case addresses the correct application of section 38 of the Criminal Injuries Compensation Act 2003 (WA) (Act), particularly in…

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Slipping on the Job – When Shopping is Still “Work”

 Slipping on the Job – When Shopping is Still “Work” 900 577 aelegal

OZ Shut Pty Ltd v Hilton [2025] WADC 10  The District Court of Western Australia has dismissed an appeal by an employer, confirming that a sales representative injured while shopping during a work journey was entitled to workers’ compensation. The decision in OZ Shut Pty Ltd v Hilton [2025] WADC 10 serves as a helpful…

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Award reduced by appeal court

 Award reduced by appeal court 900 577 aelegal

MANGISI -v- BOEHM [2021] WADC 76 At 1.00 AM on Saturday, 26 January 2019 Mr Boehm (victim) was leaving the Niche Bar to meet with his girlfriend when he was assaulted by Mr Mangisi (offender). The victim had taken a few steps when he looked up and saw a person punch him in the face.…

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A “Tail” of Two Skippers and an Owner – who is liable to the employee?

 A “Tail” of Two Skippers and an Owner – who is liable to the employee? 900 577 aelegal

Essayid v Saint [2021] WADC 61 The plaintiff brought an action against three parties. The Plaintiff injured his hand on 24 September 2017 whilst working on a fishing vessel when a hopper lid closed on the Plaintiff’s hand and caught it. The Plaintiff suffered wounds to three fingers, a fracture of one finger, and tendon…

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