Recent Cases

Theoret v Aces Incorporated [2021] NSWCA 3 (02 February 2021) (Leeming JA at [1]; McCallum JA at [2]; Garling J at [49].)


STATUTORY INTERPRETATION — Amendment — where appellant’s entitlement to weekly workers compensation payments arose before but was not determined until after 2012 amendments to Workers Compensation Act 1987 (NSW) came into force — whether s 82A of Act as currently in force entitles the appellant to have pre-injury average weekly earnings indexed historically from the time she first became eligible to receive weekly payments in respect of the relevant injury or only from the time the amendments came into force in 2012