19 Mar 2019
The dispute over whether 'immediately before incapacity' requires actual immediacy of earnings or permits consideration of self-employment earnings in the preceding 12 months raises a question of law suitable for High Court determination; accordingly leave to appeal is granted on that question.
22 Jun 2007
Clause 38(2)(b) and related provisions are unambiguous in distinguishing employee and self-employed earnings and prescribing the periods/divisors for averaging; the Corporation and Reviewer applied that statutory scheme correctly; the court will not alter the calculation to remedy an unfair result that Parliament has prescribed.
23 Mar 2004
The 1998 Act governed the October 1999 entitlement; Clause 16 Schedule 1 required using the appellant's shareholder/employee earnings for the year ending 30 June 1999 ($20,000) divided by 52 to compute weekly compensation; Sections 92 and 422 did not apply; earnings from non-shareholder employment were excluded; respondent's calculation was correct and appeal dismissed.