Comcare v Friend [2024] FCAFC 4

Comcare v Friend [2024] FCAFC 4

The lump sum payment made to Kelly-Anne Friend under a deed of release settling her discrimination complaint does not constitute 'damages or a recovery of damages' within the meaning of s 48 of the Safety, Rehabilitation and Compensation Act 1988 (Cth). Section 48 applies only to damages of the kind abrogated by s 44—namely common law personal injury damages—not statutory damages for unlawful discrimination. No part of the payment was attributable to compensable injury, and no question of apportioning the lump sum arises, as it was paid in settlement of the AHRC complaint and not a common law claim for damages.

Parties
Appellant: Comcare; Respondent: Kelly-Anne Friend
Jurisdiction
Australia
Judgment Date
01 February 2024
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Statutory Interpretation, Apprehended Bias, Workers' Compensation, Double Recovery, Damages Under Anti Discrimination Legislation, Interaction of Statutory Benefits and Common Law Damages, Settlement Agreement Characterisation
Administrative Law Employment Law Industrial Relations Discrimination Law Statutory Interpretation Apprehended Bias Workers' Compensation Double Recovery +3 more

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Parties

Comcare

Appellant

Kelly-Anne Friend

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a lump sum payment in settlement of a discrimination claim constitutes 'damages' within the meaning of s 48 of the Safety, Rehabilitation and Compensation Act 1988 (Cth)
  2. 2 Whether s 48 is limited to claims for damages that are abrogated by s 44 of the SRC Act
  3. 3 Characterisation of a settlement payment under a deed of release

Ratio Decidendi

The lump sum payment made to Kelly-Anne Friend under a deed of release settling her discrimination complaint does not constitute 'damages or a recovery of damages' within the meaning of s 48 of the Safety, Rehabilitation and Compensation Act 1988 (Cth). Section 48 applies only to damages of the kind abrogated by s 44—namely common law personal injury damages—not statutory damages for unlawful discrimination. No part of the payment was attributable to compensable injury, and no question of apportioning the lump sum arises, as it was paid in settlement of the AHRC complaint and not a common law claim for damages.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the respondent's costs of the appeal.