Seafarers Safety, Rehabilitation and Compensation Authority v Associated Steamships Pty Ltd [2019] FCAFC 232 (17 December 2019) (Perram, Robertson and Rangiah JJ)


Catchwords:


WORKERS’ COMPENSATION – appeal from single Judge of Federal Court – application under Seafarers Rehabilitation and Compensation Act 1992 (Cth) (‘Act’) s 128 for contribution by Appellant to payments made by Respondent in respect of injury of deceased former employee to his estate and widow under a ‘commercial settlement’ – where Respondent had not made administrative determination that compensation was payable – whether payments were ‘compensation’ under s 128

STATUTORY INTERPRETATION – meaning of ‘compensation’ in s 128 – whether ‘compensation’ means ‘compensation paid under the Act’ or to be given ordinary meaning – whether Act comprises two separate schemes concerning employer liability to employees and liability as shared amongst employers – whether Act a codification of employees’ entitlement to compensation