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Belgrave Heights Christian School v Moore, Diane [2020] VSCA 240

ACCIDENT COMPENSATION
Victorian Court of Appeal
Judge(s): 
Beach, Kaye and Sifris JJA
Parties: 

Belgrave Heights Christian School v Moore, Diane

Judgment Date: 
17 September 2020
Catchwords: 

ACCIDENT COMPENSATION - Workplace injury - Injury allegedly resulting from driving a bus in the course of employment - Whether injury was a transport accident - Certificate consenting to the bringing of proceeding for common law damages granted by Transport Accident Commission - Effect and scope of the certificate - Whether certificate permitted worker to recover damages in respect of injury sustained before transport accident occurred - Effect on worker's proceeding of not obtaining leave to commence a proceeding under s 134AB of Accident Compensation Act 1985 - Interaction between provisions of Accident Compensation Act 1985 and Transport Accident Act 1986 - Kruisselbrink v Nationwide Maintenance Services Pty Ltd [2010] VSC 260 discussed - Petkovski v Galletti [1994] 1 VR 436 applied - Accident Compensation Act 1985, s 134AB - Transport Accident Act 1986, s 93.

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