Telstra Corporation Ltd v Treloar [2000] FCA 1170

Telstra Corporation Ltd v Treloar [2000] FCA 1170

As the Federal Court had previously decided in Schlenert and Bozicevic, if an employee is entitled to compensation under s 24 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) for an injury suffered before 1 December 1988, that employee is also entitled to additional compensation under s 27, regardless of whether such compensation would have been available under the repealed legislation. No clear error or per incuriam basis was demonstrated to depart from this authority.

Parties
Applicant: Telstra Corporation Limited; Respondent: Keith Treloar
Jurisdiction
Australia
Judgment Date
22 September 2000
Procedural Posture
Appeal / Appeal From the Administrative Appeals Tribunal to the Federal Court of Australia
Outcome
Appeal dismissed
Legal Topics
Transitional Provisions Under Safety, Rehabilitation and Compensation Act 1988 (cth), Compensation for Non Economic Loss, Stare Decisis and Precedent in Appellate Courts, Calculation of Compensation for Injuries Before Legislative Change
Workers' Compensation Administrative Law Transitional Provisions Under Safety, Rehabilitation and Compensation Act 1988 (cth) Compensation for Non Economic Loss Stare Decisis and Precedent in Appellate Courts Calculation of Compensation for Injuries Before Legislative Change

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Telstra Corporation Limited

Applicant

Keith Treloar

Respondent

Procedural Posture

Appeal / Appeal From the Administrative Appeals Tribunal to the Federal Court of Australia

Legal Issues

  1. 1 Whether an employee injured before 1 December 1988 is entitled to additional compensation under s 27 of the Safety, Rehabilitation and Compensation Act 1988 (Cth)
  2. 2 Whether the reasoning in Schlenert and Bozicevic should be followed regarding entitlement to s 27 compensation
  3. 3 Proper construction of s 124 and its effect on compensation entitlement for injuries occurring prior to the 1988 Act

Ratio Decidendi

As the Federal Court had previously decided in Schlenert and Bozicevic, if an employee is entitled to compensation under s 24 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) for an injury suffered before 1 December 1988, that employee is also entitled to additional compensation under s 27, regardless of whether such compensation would have been available under the repealed legislation. No clear error or per incuriam basis was demonstrated to depart from this authority.

Court Disposition

Appeal dismissed

Orders

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