Dossett v TKJ Nominees Pty Ltd

Statutes – Interpretation – Amending Act – Appellant's workers' compensation claim did not fall within the specific saving provision in the amending Act – Whether the general saving provision in s 37(1) of the Interpretation Act 1984 (WA) applied to supplement the specific saving provision in the amending Act – Section 37(1) applied where a written law "repeals" an enactment – Whether a repeal accompanied by the substitution of provisions for those repealed was a "repeal" for the purpose of s 37(1) – Significance of the distinction between "amend" and "repeal" – Relevance of principle that abolition of common law rights must be made clearly.

Workers' compensation – Limitation on awards of common law damages – Whether appellant was entitled to a grant of leave to commence common law proceedings for personal injury – Amending Act creating a new and stricter regime provided a specific exemption for actions commenced before the assent date – Appellant had only applied for leave to commence proceedings before the assent date – Whether the general saving provision in the Interpretation Act 1984 (WA) applied to enable the appellant to proceed under the earlier regime.

Words and phrases – "repeal".

Workers' Compensation and Rehabilitation Act 1981 (WA) – s 93D(4).

Workers' Compensation and Rehabilitation Amendment Act 1999 (WA) – s 32(7).

Interpretation Act 1984 (WA) – s 37.