Rabot v Hydrochem Victoria [2005] VCC 1331
Judge Millane
16 December 2005
Catchwords: Accident Compensation Act (Vic) 1985 s.134AB - Serious injury - Permanent serious impairment or loss of a body function - Pain and suffering - Economic loss - Whether injury caused by employment after 20 October 1999
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Racovolis v Gibson [2009] VCC 0032
Judge Anderson
4 February 2009
Catchwords: COMMERCIAL - Goods sold and delivered - Liability of joint proprietor of business.
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RACV Finance Ltd v Gomez [2006] VCC 786
Judge Anderson
30 June 2006
Catchwords: Contract - Finance agreement to enable purchase of a motor vehicle - Subsequent default and repossession of the vehicle - Whether events during the course of the repossession constituted false imprisonment of the first defendant by officers or agents of the plaintiff - Validity of Form 8 notice served pursuant to s.94(1) of the Consumer Credit Code - Consumer Credit (Victoria) Act 1995.
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Radojkovic, Slavko v NSL Aust. Pty Ltd [2009] VCC 0999
Judge O'Neill
25 June 2009
Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB - Injury to lower spine - Whether the consequences of injury achieve the "very considerable" level in respect of pain & suffering and economic loss.
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Raftopoulos v SPS Shoes P/L & Anor. [2007] VCC 218
Judge Dove
5 March 2007
Catchwords: Accident Compensation Act 1985, s.134AB - Serious Injury for Pain and Suffering Conceded - Markedly Limited Earning Capacity - Permanent and Very Considerable - Serious Injury found for Pecuniary Loss - Leave granted to bring Proceedings
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Raimondo v Hoi Yeung P/L (T/as Oceanic Food) [2005] VCC 1400
Judge Lawson
14 October 2005
Catchwords: Accident compensation - Serious injury - Accident Compensation Act 1985 s.134AB - Permanent serious impairment of body function - Left and right shoulder condition - Serious according to consequences of economic loss and pain and suffering.
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| Ramage v Crankshaft Rebuilders P/L [2005] VCC 1294
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| Ramani v Nuplex Industries Australia Pty Ltd [2006] VCC 247
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Ramic v VSL Prestressing [2006] VCC 1769
Judge Murphy
20 November 2006
Catchwords: Accident Compensation - Serious Injury - Accident Compensation Act 1985 - s.134AB - Permanent Serious Impairment of Body Function - lower back injury- serious according to consequences of economic loss and pain and suffering.
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Ramos v PWB Millar [2008] VCC 1226
Judge Morrow
23 April 2008
Catchwords: PRACTICE & PROCEDURE - Costs - Ruling - Costs agreement - Indemnity costs - 25 per cent Uplift fees - No-win, no-fee agreement - Discretion only extends to legal costs not fees - Legal Profession Act 2004.
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Ranieri v Halse; Kowalski & Transport Accident Commission [2005] VCC 711
Judge Millane
10 August 2005
Catchwords: Accident Compensation - Transport Accident Act (Vic) 1986 Section 93(17)(a) - Serious Injury - Serious long-term impairment or loss of a body function.
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Rantino v. Pilar & Daniele & Anor [2007] VCC 1104
Judge Higgins
21 August 2007
Catchwords: Accident Compensation Act 1985 - S.134AB
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| Rasiah v Lonex & Victorian WorkCover Authority [2008] VCC 1185
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Rattray v Transport Accident Commission & S.T. Hamilton P/L
Judge Stott
17 December 1996
Catchwords: Transport Accident - Transport Accident Act 1986 as amended by s.4(1)(c) Transport Accident (Amend) Act 1988 - Meaning of " an accident directly caused by, or arising out of, the driving of a motor car, a railway train or a tram. "
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Rau v Rau & Victorian Workcover Authority [2007] VCC 1003
Judge Bowman
16 August 2007
Catchwords: Accident Compensation Act 1985 - previous determination as to entitlement - pre-injury average weekly earnings - value of free rental - determination of existence of entitlement but not quantification prior to Balogh amendments - whether Balogh amendments apply to subsequent quantification.
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| Rau v Rau [2005] VCC 1643
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| Rauber v Haby & Victorian Workcover Authority [2005] VCC 1343
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Rawlings v Rawlings [2009] VCC 0124
Judge Hogan
3 March 2009
Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB - Serious injury - issue of whether the plaintiff’s psychiatric injury is severe - s.135AC - issue of when plaintiff had knowledge of incapacity arising from psychiatric injury.
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| Rayson v Mercantile Mutual Worksure Ltd.
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Read v. Spotless Services Australia Ltd [2008] VCC 472
Judge Anderson
3 April 2008
Catchwords: ACCIDENT COMPENSATION - Serious injury - Pain and suffering - Permanent injury to the plaintiff's lower back - Plaintiff in part-time employment - Taking significant pain medication - Activities of daily living affected to a level which might fairly be described as "very considerable" - Accident Compensation Act 1985, s.134AB
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Reaper v. G & K O'Connor Pty Ltd and Victorian Workcover Authority [2007] VCC 1111
Judge Anderson
3 September 2007
Catchwords: Accident compensation - Serious injury - Plaintiff severely lacerated his left arm in a workplace accident - Significant scarring and residual physical symptoms and weakness - Whether tests for "serious injury" under paragraphs (a) and (b) satisfied - Section 134AB Accident Compensation Act 1986.
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Red Engine Group P/L v Hotel Agencies P/L & Roband Australia P/L [2007] VCC 70
Judge Wodak
31 January 2006
Catchwords: property damage by fire - claims in negligence, under Goods Act, Trade Practices Act - contributory negligence - apportionment
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Red Engine Group P/L v Hotel Agencies P/L & Roband Australia P/L [2007] VCC 398
Judge Wodak
20 April 2007
Catchwords: Costs - Calderbank offer - whether offer sufficiently clear and comprehensive - whether capable of being accepted - whether refusal unreasonable - reserved costs and costs thrown away by reason of adjournment of trial - whether usual position should be maintained - whether successful party entitled to indemnity costs
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| Reed v Victorian Express and Victorian Workcover Authority [2007] VCC 714
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Reed v State of Victoria
Judge Stott
10 March 2005
[2005] VCC 144
Catchwords: Accident Compensation - Accident Compensation Act, s135(a)
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| Reeder v Boral Resources (Vic) P/L & AHI Winterthur Workers Compensation (VIC) Ltd.
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Reeve, Robert v National Bus Company Pty Ltd; HIH Winterthur Worker's Compensation (Vic.) Ltd.
Judge Strong
2 November 1998
Catchwords: Costs - Whether retention of two counsel appropiate
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| Reid v Greenfreight P/L
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Richards v Byrnes [2009] VCC 0099
Judge Misso
6 February 2009
Catchwords: DOMESTIC PARTNERSHIP - Relationships Act 2008 - transitional provisions - application for leave pursuant to section 43(2) for leave to apply for an order for adjustment of interests in property - considerations relevant to the grant of leave - application granted: Relationships Act 2008, sections 43(1) and (2), 45(1)(a)-(d), 51 and 74(1)
LIMITATION OF ACTIONS - personal injuries - intentional trespass to the person: Limitation of Actions Act 1958, sections 5(1A) and 23A..
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| Richards v Ensign Tyre Industries & Anor [2006] VCC 234
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| Richards v Forsyth and Transport Accident Commission [2006] VCC 7
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Richards, Teresa v State of Victoria & Ors [2009] VCC 1349
Judge Lacava
329 October 2009
Catchwords: Strike out Application - Application to strike out Plaintiff’s Statement of Claim as disclosing no cause of action - Whether police officers in carrying out police duties owe a duty of care - In circumstances as pleaded by Plaintiff application dismissed
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| Richardson v Milnes Gatic P/L [2005] VCC 1084
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Richter v Driscol and Ors
Judge Punshon
15 October 2004
Catchwords: Accident Compensation - Accident Compensation Act 1985 - Current work capacity
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Rico v. Heinenann Electric P/L & Victorian Workcover Authority [2007] VCC 618
Judge Kennedy
27 June 2007
Catchwords: Accident Compensation - Accident Compensation Act 1985- serious injury-left shoulder, right shoulder, cervical spine- pain and suffering only
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Riddiford v 87 Stevedore Street Pty Ltd [2008] VCC 1462
Judge Anderson
3 December 2008
Catchwords: CONTRACT - Whether monies advanced pursuant to loan agreement - Authority of a non-director to bind the company - Loan agreement not established.
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Rigby v Barloworld Coatings Pty Ltd [2008] VCC 692
Judge Bowman
4 July 2008
Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s.134AB - process worker - aggravation of degenerative changes in cervical spine - return to part-time work - value of general practitioner's evidence - factors to be considered.
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| Rigg v Prestige Property Services & QBE Insurance [2006] VCC 85
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| Rickerby v Transport Accident Commission and Baker [2006] VCC 712
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Riga, Maurice v Battmans Insulating Services Pty Ltd & VWA [2009] VCC 0862
Judge Misso
23 June 2009
Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB(38)(c) - The plaintiff suffered an injury to the right knee and a number of other medical conditions, all of which contributed to the claimed pain & suffering consequences - Whether the pain & suffering consequences of the right knee injury which were capable of being identified where at least very considerable.
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Rise Home Loans Pty Ltd v Chambers & Anor [2009] VCC 0031
Judge Anderson
3 February 2009
Catchwords: COMMERCIAL - Transfer of Land Act 1958 - s60 - Real property - Adverse possession - Court declaration to be used as basis for application to the Registrar of Titles - Costs of the proceeding
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| Ristevski v Austin Hospital (North Eastern Health Care Network) and GIO Workers Compensation (VIC) Ltd.
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| Ritchie v & State of Victoria & Club Italia (Geelong) Inc.
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| Ristevska v Campbell Mushrooms P/L & Mercantile Mutual Worksure Ltd.
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Rizk, Albert v Sigiad Security Services (Vic) Pty Ltd [2009] VCC 0636
Judge Misso
18 May 2009
Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB - Application to refer medical questions to a Medical Panel – Whether questions were “medical questions” as defined by section 5(1) – basis of referral: section 5(1), 45(1) and (1A).
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Roach v Woolworths Limited [2008] VCC 480
Judge K.L Bourke
22 April 2008
Catchwords: ACCIDENT COMPENSATION - Application pursuant to Section 134AB(16)(b) of the Accident Compensation Act 1985 - injury to the right knee - whether serious - pain and suffering only.
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Robe v Ready Workforce Pty Ltd & Victorian Workcover Authority [2007] VCC 1663
Judge Dove
5 December 2007
Catchwords: Accident compensation - Serious injury - Severe permanent impairment of right arm function - Organically based - Leave granted.
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Roberton v Access Door Services and VWA [2008] VCC 590
Judge K.L Bourke
4 June 2008
Catchwords: ACCIDENT COMPENSATION - Application pursuant to s.134AB(16)(b) Accident Compensation Act 1985 - Injury to the left lower limb - Pain and suffering - Loss of earning capacity - Income from personal exertion - Company director - Discretionary trust.
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Roberts v Northern Melbourne Institute of TAFE [2008] VCC 181
Judge Cohen
27 February 2008
Catchwords: Whether negligence by teaching institution; apprentice suffering permanent eye damage during welding class; whether type of injury foreseeable; whether inadequate instruction or supervision; whether contributory negligence.
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Roberts v HIH Winterthur Workers Compensation (Vic.) Ltd.
Judge Smith
8 April 1998
Catchwords: Accident Compensation - Ambulance Officer - stresses - coronary artery disease - causation - Psychiatric injury - causation Section 98 claim - "total and incurable loss of mental powers involving inability to work"- whether the claim can succeed where inability to work does not arise until after December 1992. Defence based on s103(5) of Act - jurisdiction of court under s39.
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Robertson v St Vincent’s Hospital (Melbourne) Ltd.
Judge Wodak
24 January 2005
Catchwords: Practice & Procedure - Application for dismissal for want of prosecution - Department of Transport v Chris Smaller (transport) Ltd; Bishopsgate Insurance Australia Ltd v Deloitte Haskins & Sells; Spitfire Nominees Pty Ltd & Melibee (No 2) Pty Ltd v. Ducco [1998] 1 V.R. 242; - Limitation of Actions Act, Part IIA - abuse of process - inordinate and inexcusable delay
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Robertson v Transport Accident Commission [2008] VCC 1478
Judge K L Bourke
18 November 2008
Catchwords: TRANSPORT ACCIDENT - Transport Accident Act - s93 - serious injury - impairment of the left shoulder - cervical spine- chronic pain syndrome.
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| Robinson v Gozdicki [2006] VCC 1876
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| Robinson v Victorian Workcover Authority & Westcote P/L [2006] VCC 1834
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Rode v 130 Motors P/L [2005] VCC 1390
18 November 2005
Judge Higgins
Catchwords: Accident Compensation - Accident Compensation Act 1985 s.134AB - Serious Injury
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Rodda v Transport Accident Commission [2007] VCC 1036
Judge Davis
14 September 2007
Catchwords: ACCIDENT COMPENSATION - Transport Accident Act 1986, s.93(17) -- Thoraco-lumbar Spine - Depression, Pain Disorder and/or Chronic Adjustment Disorder
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| Rodda & Ors v ANZ Banking Group Ltd. & Galbally & O'Bryan
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Rogers v Adecco Pty Ltd [2008] VCC 961
Judge O'Neill
4 August 2008
Catchwords: ACCIDENT COMPENSATION - Serious injury application - Section 134AB Accident Compensation Act - injury to lower spine in a number of incidents - whether consequences "very considerable" - psychiatric disorder - opiate dependency - whether "severe" - disentangling of physical from psychological - whether plaintiff achieves 40 per cent loss of earnings - credibility of the plaintiff.
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Rodgers v Stevanovic [2006] VCC 1781
Judge Dyett
10 May 2006
Catchwords: Serious injury - Motor accident when plaintiff aged eight - Delayed complaint of back injury - Functional component - Aggravation rendering symptomatic pre-existing bilateral pars defect and spondylolisthesis of L6/S1 - Post traumatic stress disorder - Causation - Whether serious injury under s.93(17)(a) and/or (c) Transport Accident Act.
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Rofe v Noordennen [2005] VCC 1674
Judge Lewitan
22 July 2005
Catchwords: De Facto property dispute - Constructive trusts
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Roidal v Galim Imports P/L [2006] VCC 1380
Judge Anderson
18 October 2006
Catchwords: Summary judgment - Sale of goods - Consideration of defences raised by the defendant in its pleadings and answering affidavit - Defendant's principal witness in ill-health - Summons adjourned.
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Roman Catholic Trusts Corporation for the Diocese of Melbourne v Sharp and Pendrey Pty Limited [2008] VCC 1183
Judge Campbell
3 October 2008
Catchwords: Fire claim - causation - hot water heater - pyrophoric action - pyrophoric carbon - breach of 1979 Gas Fitting Regulations - alternative causes - inferences.
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Romano & Anor v Permanent Mortgages Pty Ltd [2008] VCC 1383
Judge Kennedy
18 November 2008
Catchwords:COMMERCIAL - transfer of land by elderly parents to eldest son - undue influence - transfer set aside
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| Romeo v Victorian Railway Co P/L & Victorian Workcover Authority [2006] VCC 1491
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| Rose v Frankston City Council
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Ross v Patrick Portlink Pty Ltd & VWA [2009] VCC 0293
Judge K. Bourke
06 March 2009
Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - injury to the left upper limb - pain & suffering - loss of earning capacity.
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Ross v Transport Accident Commission [2008] VCC 7
Judge Jenkins
18 January 2008
Catchwords: Transport Accident; Application under section 93(4)(d) Transport Accident Act 1986; claimed "serious injury" under paragraphs (a) [cervical spine; shoulder; acquired brain injury] and (c) [major depressive disorder; adjustment disorder; chronic pain syndrome]; difficulties differentiating injuries and impairments; organic and non organic factors; issues of credit and chronic abnormal illness behaviour.
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Rourke v Harris Scarfe Australia Pty Ltd [2008] VCC 1438
Judge Morrow
13 October 2008
Catchwords: ACCIDENT COMPENSATION - Plaintiff's subpoena for investigator's surveillance report - s.134AB(8)(b) Accident Compensation Act - State of Victoria v Davies [2003] 6 VR 245 - legal professional privilege - clear statutory provision in relation to reports and other material obtained prior to advice given under s.134AB(7).
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Rowe v Ackdale P/L (T/as Ellikon Printers) [2008] VCC 19
Judge Wodak
25 January 2008
Catchwords: Serious injury application - Accident Compensation Act, 1985 s.134AB - Pain and suffering damages - Pecuniary loss damages - Organic injury to low back
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| Rowe v Heathmore Sawmills P/L [2006] VCC 1483
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| Rowney v Dandenong RSL Sub-Branch Inc. [2005] VCC 1495
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Royal v Southern Health & Victorian Workcover Authority [2008] VCC 233
Judge O'Neill
27 February 2008
Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 s.134AB - Disentangling physical from psychological - Nature and extent of organic injury - Extent of seriousness.
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Royter v Riley & Transport Accident Commission [2005] VCC 1489
Judge Dyett
15 December 2005
Catchwords: Serious Injury - Permanent Serious Disfigurement - Facial Injuries - Right Knee Injury - S.93(17)(a) & (b) Transport Accident Act
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Ruggi v Murray Goulburn Co-Operative Co. Ltd. [2006] VCC 1392
Judge Bowman
27 October 2006
Catchwords: Accident Compensation Act 1985 - S.134AB - injury to right ankle - amendment of date of injury - factors to be considered - whether tests satisfied.
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Ruleska v Union Knitting Mills & Anor [2009] VCC 0152
Judge Cohen
10 March 2009
Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB - ss (38) (c),(e) (f) and (g) - Serious Injury Application - whether consequences of injury to low back meet the test for "serous" injury under part(a) of definition - leave sought for pain and suffering and pecuniary loss damages.
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| Rus v Electricity Supply Services P/L & Cambridge Independent Services Victoria P/L [2005] VCC 1383
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Rusanovski v Ampelite Fibreglass Pty Ltd [2008] VCC 1494
Judge Wodak
1 December 2008
Catchwords: ACCIDENT COMPENSATION - S134AB - Accident Compensation Act - Serious injury application - injury to cervical spine - injury to lumbar spine - separate incidents - aggravation of pre-existing degenerative change - pain and suffering - pecuniary loss
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Russell, Christopher v GVM Adviser Services Ltd & Ors [2009] VCC 0743
Judge Anderson
15 July 2009
Catchwords: COMMERCIAL - Practice & Procedure - Application to extend the validity of a writ for service - Plaintiff did not have expert opinion of quantification of damages - Plaintiff instructed his solicitors not to proceed with the action - Whether "good reason" for extension - County Court Civil Procedure Rules 2008 - Rule 5.12.
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Russell v Midfield Meat Processing P/L & Allianz Australia Worker's Compensation [2008] VCC 231
Judge Morrow
13 March 2008
Catchwords: ACCIDENT COMPENSATION- Accident Compensation Act 1985 s.134AB
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Ryan, Sandra Joy [2009] VCC 0995
Judge Misso
11 August 2009
Catchwords: ACCIDENT COMPENSATION - Accident Compensation Act 1985 - s134AB(c) - Whether the plaintiff had suffered a compensable injury - Whether the consequences of the injury to the plaintiff's lower back were least very considerable - credit - Leave refused.
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Ryan v Ballarat Health Services [2007] VCC 404
Judge Morrow
4 May 2007
Catchwords: s.134AB Accident Compensation Act - aggravation case
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