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Lackmann v Frydenburg 18 April 2001 Judge Wodak Catchwords: Application for dismissal for want of prosecution - Plaintiff has died - No executor or personal representative appointed - Various causes of action pleaded - Some time barred, some not time barred - No specific prejudice relied on View Full Text

Lacko v MMI Workers Compensation (Vic) Ltd & Anor; HIH Winterthur Workers Compensation (Vic.) Ltd Judge Strong 21 December 1999 Catchwords: Workcover - Reference of medical questions to Medical Panel - Need for Court to scrutinise questions - Whether Court should instruct Medical Panel as to relevant law View Full Text

Ladhams & Wallace v NZI Insurance Australia Ltd Judge G.D. Lewis 29 April 2002 View Full Text

Laenst v Healesville High School Council & Ors Judge Wodak 9 June 1995 Catchwords: (RULING) - Accident Compensation Act s135--Education Act s34--Claim for damages by teacher for injury incurred while participating in school working bee. View Full Text

Laker v Colrain Wholesalers P/L Judge Coish 05 August 2004 Catchwords: Accident Compensation - Accident Compensation Act 1985 s.134AB - Serious Injury View Full Text

Lancaster v Lanes Biscuits P/L and Victorian Workcover Authority [2006] VCC 1880 Judge Lewitan 15 December 2006 Catchwords: Accident Compensation - s134AB; pain and suffering and economic loss View Full Text

Lando v Lovric & Transport Accident Commission [2007] VCC 1505 Judge Wodak 26 October 2007 Catchwords: Serious injury application - Physical injury - Pain and suffering - Pecuniary loss damages - Transport accident - s93 Transport Accident Act - Whether impairment of function of left knee at least very substantial View Full Text

Lane v Sacred Heart Primary School [2009] VCC 0109 Judge Shelton 26 February 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB - Serious injury - brain injury - slowness in information processing, anxiety and mild depression - Jayatilake v Toyota Motor Corp Australia Limited [2008] VSCA 167 - Smorgon Steel Tube Mills Pty Ltd v Majkic [2008] VSCA 230 - Grech v Orica Australia Pty Ltd & Anor (2006) 14 VR 602. View Full Text

Langdon v Victorian WorkCover Authority Judge Rendit 20 May 1995 Catchwords: Pre existing back condition, subject of a deed release with respect to common law claims s98 claims with respect to later back injury and loss of use of both legs caused by sciatic pain Whether such pain and its sequelae should be measured solely under item for back or whether can be basis for a loss of use of a leg - Whether an election has to be made under which of the above compensation is to be assessed Retrospectively of recent amendment as to method of assessment Method of measuring loss in the presence of pre existing loss s98(5) View Full Text

Langford, Merrilyn v IOR Pharmacies Ltd & VWA [2009] VCC 0540 Judge O'Neill 19 May 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB - Serious Injury Application - Injury to lower spine - Pre-existing back problem - Extent of seriousness. View Full Text

Langsford v The State of Victoria (Department of Justice) [2006] VCC 1476 Judge Howie 14 September 2006 Cathwords: Accident Compensation Act 1985, s 135A and s 135AC - mental disorder, when the incapacity arising from the injury became known View Full Text

Larkins, Anthony v The Jewellery Chain Pty Ltd & VWA [2009] VCC 0996 Judge O'Neill 06 August 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB - Crush injury to left great toe - Consequent condition in right knee - Pain & suffering only. View Full Text

Larkins v Riverside Textiles Pty Ltd [2006] VCC 82 Judge Wood 8 February 2006 Catchwords:Accident Compensation Act 1985 s.134AB (38),(c),(h),(16) View Full Text

Larner v Parks Victoria [2008] VCC 827 Judge McInerney 25 July 2008 Catchwords: OCCUPIER'S LIABILITY - Wrongs Act 1958 - Negligence - Limb fall - Public reserve - Unusual risk - Duty of care. View Full Text

Laverty v F D & K R Pizzini (T/as Pizzini Wines) [2005] VCC 1402 17 March 2005 Judge Lawson Catchwords: Accident Compensation - severe crush injury to non dominant hand - whether injury "serious" within the meaning of s.134AB of Accident Compensation Act1985 View Full Text

Lawless, Rodney v Jacobs, Michael Geoffrey [2009] VCC 0535 Judge Misso 8 May 2009 Catchwords: TESTATOR'S FAMILY MAINTENANCE - Application by adult intellectually disable son - Whtehr provision made by the testator in the will inadequate - Reliance by the testator on son's continued receipt of government benefits - Administration and Probate Act 1958 - ss91(1),(3) & (4). View Full Text

Lawrence v Addforce Personnel Services; Infra Form Pty Ltd Judge Higgins 27 March 1998 View Full Text

Lazarou v Programmed Maintenance Services Ltd. Judge Howie 20 July 2004 Catchwords: Accident Compensation - Accident Compensation Act 1985 s.134AB View Full Text

Lazarou v Rota Die International P/L [2006] VCC 1473 Judge Howie 18 August 2006 Catchwords: Accident Compensation Act 1985,s 134AB - serious injury, pain & suffering View Full Text

Lazarovska v Taurus Fashions P/L & HIH Winterthur Workers; Compensation (Vic) Lts Judge G.D. Lewis 31 October 2001 View Full Text

Leatham v Hoare Bros & Anor [2005] VCC 1075 Judge Lawson 12 September 2005 Catchwords: Section 134AB Accident Compensation Act 1985 - serious injury - aggravation of pre-existing back injury - pain and suffering and pecuniary loss. View Full Text

Leech v Zaps Logistics P/L & Ors [2008] VCC 674 Judge Cohen 21 May 2008 Catchwords: ACCIDENT COMPENSATION - Serious Injury application; s 134AB Accident Compensation Act 1985; whether plaintiff a "worker" under a contract of service; whether injury occurred in the course of his work for defendant; whether consequences of aggravation of pre-existing condition "more than significant" or "at least very considerable"; leave sought only for pain and suffering damages. View Full Text

Leerson v Goodman Fielder P/L [2007] VCC 72 Judge Murphy 16 February 2007 Catchwords: Accident Compensation Act 1985 - claim for medical and like expenses - whether claim was for same injury - accepted injury determined liability under claim form - Medical Panel Opinion - whether Opinion precluded later claim - claims lodged aftrer cessation of employment - whether allowed - claim for s.93CD payments. View Full Text

R v Leighton Contactors P/L Judge Gebhardt 27 May 2004 Catchwords: Occupational Health and Safety Act 1985, conviction under Section 21, unsafe workplace, faulty fabrication and construction of scaffolding towers; failure to check materials; poor communication; unsafe work practices; fatality. View Full Text

Lekkas v Eastwest Meats Australia P/L & Anor [2005] VCC 531 Judge Higgins 16 May 2005 View Full Text

R v Lenehan Judge Anderson 27 April 2007 View Full Text

Leslie, Darryl v Paccar Aust. Pty Ltd & VWA [2009] VCC 0536 Judge Misso 8 May 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - Plaintiff suffered injury to his lower back - Whether pain & suffering consequences where at least very considerable - Whther loss of earning capacity consequences were at least very considerable - Whether the plaintiff failed to discharge the onus of proof under s.s (19)(b) & (38)(g) in proving loss of earning capacity where he had not undertaken any rehabilitation or retraining - s134AB(19)(b) - s.s (38)(c) & (g). View Full Text

Levey v Apex Printing P/L [2005] VCC 1545 Judge G. D. Lewis 31 October 2005 Catchwords: Application pursuant to s.93CC of the Accident Compensation Act 1985 - Definitions of current work capacity and suitable employment in s.5 considered - Effect of Barwon Spinners v. Podolak. View Full Text

Liberatore v Australian Unity Group Services Pty Ltd [2008] VCC 1726 Judge Cohen 15 December 2008 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB - Serious Injury Application - application under parts (a) and (c) of definition of "serious injury" - pain and suffering and loss of earnings. View Full Text

Libbis v G W Gloster & Sons Pty Ltd and Victorian Workcover Authority [2006] VCC 582 Judge Dove 16 May 2006 Catchwords: Accident Compensation Act 1985. Injury to back - Not serious as defined by Act - Leave refused. View Full Text

Lillo v Southern Healthcare and Monash Medical Centre [2006] VCC 1766 Judge Hanlon 2 November 2006 View Full Text

Lilydale Airfield P/L v Ivan Waters & Ors Judge Dyett 23 September 2002 View Full Text

Licul v H.I.H. Winterthur Workers Compensation (Vic.) Ltd Judge Spence 10 April 1996 Catchwords: Termination of weekly payments of compensation after 104 weeks - Whether notice of termination valid - s112 & s114 View Full Text

Linehan v The Boston Consulting Group & Victorian WorkCover Authority [2008] VCC 962 Judge O'Neill 6 August 2008 Catchwords: ACCIDENT COMPENSATION - Serious Injury Application - Section 134AB Accident Compensation Act 1985 - severe mental disorder - major depressive disorder - pain and suffering only - whether meets "severe" test - presently in remission - permanency. View Full Text

Lines v McEntee and Transport Accident Commission [2005] VCC 1326 18/11/2005 Judge Shelton View Full Text

Lingard v Erosion Control Systems & Anor [2006] VCC 58 Judge McInerney 24 January 2006 View Full Text

Linsley, Raymond Brian v Domaille, Terri-Anne (aka James, Cara) [2009] VCC 0554 Judge Shelton 6 May 2009 Catchwords: DEFAMATION – Assessment of damages – publication on Internet – aggravated damages – injunction restraining further publication – McCarey v Associated Newspapers Ltd (No. 2) [1965] 2 QB 86 – Coyne v Citizen Finance Ltd (1991) 172 CLR 211 – Uren v John Fairfax & Sons Pty Ltd (1966) 117 CLR 118 – Cassell & Co Ltd v Broome [1972] AC 1027 – Triggell v Pheeney (1951) 82 CLR 497 – Barrick Gold Corp. v Lopenhandia (2004) 71 O.R. (3d) 416 – Ross v Holley (2004) ABQB 68 – Rindos v Hardwick (unreported, Supreme Court of Western Australia, 31 March 1994) – Cullen v White [2003] WASC 153 – Waterhouse v Broadcasting Station 2GB Pty Ltd (1985) 1 NSWLR 58. View Full Text

Litowschenko v Inner Northern Group Training and Leisure Management Services P/L [2006] VCC 1874 Judge Morrow 14 December 2006 View Full Text

Ljubic v Fairstar Nominees P/L Judge G. D. Lewis 27 October 2003 View Full Text

Loades v C.H. Welsh P/L Judge Punshon 3 September 2004 Catchwords: Accident Compensation - Accident Compensation Act 1985, s.134AB - Serious Injury View Full Text

Lobb v Compass Recruitment Australia Pty Ltd [2008] VCC 1618 Judge Shelton 10 December 2008 Catchwords: ACCIDENT COMPENSATION - serious injury application - s.134AB Accident Compensation Act 1985 - Church v Echuca Regional Health [2008] VSCA 153. View Full Text

Lobosco v Transport Accident Commission [2006] VCC 80 Judge Wood 9 February 2006 Catchwords: Motor vehicle accident, serious injury, s.93(4)(d), s.93(17)(a) Transport Accident Act 1986, injury to left knee, pain and suffering. View Full Text

Lofkin v National Foods Ltd, Ecolbab Pty Ltd & Nalco Australlia Pty Ltd [2008] VCC 1444 Judge O'Neill 13 October 2008 Catchwords: Application pursuant to Rule 47.02(3) that the proceeding not be tried before a jury - complexity of scientific evidence. View Full Text

Lopez v Simon Engineering (Aust) Pty Ltd [2008] VCC 1248 Judge Misso 4 September 2008 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - plaintiff suffered injury to his lower back as a result of a fall - failure to disclose prior lower back condition - film - credit - Cakir v Arnott's Biscuits Pty Ltd [2007] VSCA 104 - plaintiff unfit for any work - unnecessary to consider pain and suffering separately from loss of earning capacity - leave granted for pain and suffering and loss of earning capacity - section 134AB(38)(c). View Full Text

Ludge v. American Express Travel & Victorian Workcover Authority [2007] VCC 1654 Judge Campbell 15 November 2007 Catchwords: s.134AB Accident Compensation Act and aggravation of pre-existing injury - Petkovski v Galletti (1994) 1 VR 436 - exacerbation of pre-existing serious injury. View Full Text

Lofthouse & Cauchi v Sutherland & Anor [2006] VCC 583 Judge Stott 9 May 2006 View Full Text

Loguarro v Lobb Cabinet P/L & Victorian WorkCover Authority [2006] VCC 1872 Judge Morrow 6 December 2006 Catchwords: Accident Compensation Act, s134AB View Full Text

R v Long [2008] VCC 595 Judge Cohen 10 June 2008 Catchwords: s464ZFB Crimes Act 1958; application for retention of forensic sample; Respondent found not guilty of "forensic sample offences" but guilty of one count of recklessly causing injury; whether "any other offence arising out of the same circumstances"; whether order justified. View Full Text

Longmuir v. Di Mattina Coffee Pty Ltd & Anor [2007] VCC 1657 Judge Anderson 30 November 2007 Catchwords: Accident compensation - Serious injury - Injury to low back - Application relied upon both paragraphs (a) and (c) of the definition of "serious injury" - Need to "strip away" psychological causes of pain to determine whether physically based consequences satisfied the "serious injury" test - s.134AB Accident Compensation Act 1986. View Full Text

Lopez v Smorgan Steel Group (Services) P/L and Victorian Workcover Authority [2005] VCC 1312 31/10/2005 Judge Bourke View Full Text

Lord, Henry William v Maguire, Phillip James & Ors [2009] VCC 0765 Judge Anderson 29 June 2009 Catchwords: COMMERCIAL - Property - Adverse possession - Mitta Mitta River altered its course in 1956 - Since that time part of the defendants' land on the opposite side of the river - Exclusively occupied by the plaintiff as part of his dairy farm. View Full Text

Lougheed v Andvo Shearing & Anor and Lougheed v Sally Collier & Ors [2008] VCC 337 Judge Bowman 18 April 2008 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985, s.134AB - application for leave in respect of pain and suffering damages and pecuniary loss damages - scarcely literate unskilled labourer of below average intelligence - injury by way of aggravation of previously asymptomatic low back condition - unsatisfactory nature of vocational assessment report - factors to be considered. View Full Text

Loveday v GIO Workers Compensation (Vic.) Ltd Judge Anderson 14 April 1999 View Full Text

Lovell v Clinch & Transport Accident Commission [2006] VCC 59 Lovell v Toyota Motor Corporation Australia Ltd. Judge Wodak 31 January 2006 Catchwords: serious injury applications - transport accident, and later workplace incident - s135A(19)(a) and (c) Accident Compensation Act and s93(17)(a) and (c) Transport Accident Act - when Plaintiff knew of serious injury - s135AC Accident Compensation Act - injuries to different parts of the body - aggravation/ acceleration of pre-existing degenerative change - physical and mental injuries - whether payment for psychological treatment constitutes an admission - Asan v All A Glow Pty Ltd and another (Judge Hanlon) View Full Text

Lowe v Bacchus Marsh Secondary College; MMI Workers' Compensation (Vic.) Ltd Judge Strong 2 December 1998 View Full Text

Lowen v Bloom, F.; Transport Accident Commission Judge Ostrowski 20 June 2003 View Full Text

Lowry v Eltham South Pre-School Association Inc. & Victorian Workcover Authority [2006] VCC 1783 Judge Dyett 18 May 2006 Catchwords: Accident Compensation - Employment after 20 October 1999 - Injury at work 27 August 2001 - Second injury 1 August 2003 - Whether either permanent serious impairment of body function according to pain and suffering consequences or economic loss consequences - Accident Compensation Act 1985, s.134AB. View Full Text

Lozanovski, Andrijana v Transport Accident Commission [2009] VCC 1233 Judge Lacava 30 September 2009 Catchwords: ACCIDENT COMPENSATION - Transport Accident - Whether injuries sustained by the plaintiff "serious" - Consequence of plaintiff returning to alternative employment on application for leave to sue for pain & suffering damges. View Full Text

Lucas v Transport Accident Commission & Tracey [2006] VCC 711 Judge Bowman 22 June 2006 Catchwords: Transport Accident Act 1986 - S.93(17) - application for leave to pursue pain and suffering damages - neck injury - rule in Jones v Dunkel - factors to be considered. View Full Text

Luise v Integrated Packaging Australia P/L [2006] VCC 438 Judge Punshon 1 May 2006 Catchwords: Accident Compensation Act 1985 - Serious Injury - s. 134AB - alleged psychological component to injury - suitable employment. View Full Text

Lujerdean v G.C. Corrigan & Co P/L [2007] VCC 1116 Judge Bowman 17 September 2007 Catchwords: Accident Compensation Act 1985 - s.134AB - reliance upon paragraph (a) and (c) of definition of serious injury - aggravation - disentangling - factors to be considered. View Full Text

Lukins v T & G Industries P/L & Victorian Workcover Authority [2007] VCC 1693 Judge Wodak 21 December 2007 Catchwords: Serious injury application - Accident Compensation Act 1985, s134AB - Pain and suffering View Full Text

Lumani v Victorian Workcover Authority [2006] VCC 1498 Judge Higgins 13 June 2006 Catchwords: Accident Compensation Act 1985 - s.134AB View Full Text

Lumley General Insurance Ltd v Hogan [2006] VCC 245 Judge Ostrowski 20 February 2006 View Full Text

Lynch v Quality Timber Blinds Pty Ltd [2009] VCC 0123 Judge Lewitan 27 January 2009 Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB - Serious injury - Loss of earning capacity. View Full Text

Lyon v Prestige Property Services & QBE Mercantile Mutual Workers Compensation (Vic) Ltd. [2006] VCC 405 Judge Bowman 23 February 2006 Catchwords: Accident Compensation Act 1985 - s. 134AB - Barwon Spinners - factors to be considered - capacity for suitable employment - failure to satisfy tests. View Full Text

Lyon & Dorizzi v IOOF Victorian Friendly Society Judge Spence 21 November 1996 Catchwords: Termination of employment-Redundancy payments - 'Ordinary pay' - Employee Relations Act 1992 - Industrial Relations (Annual Holidays) Order 1992 View Full Text

Lyons v Lyons, Troy Anthony Judge Holt 9 September 2002 View Full Text

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