Smith v ANL Limited

[2000] HCA 58
Judgment date
Case number
P56/1999
Before
Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne, Callinan JJ
Catchwords

Constitutional law (Cth) – Acquisition of property on just terms - Seaman injured on ship during course of employment - Legislation barred existing common law rights to bring action and allowed an action to be brought within six-month period - Whether a law with respect to the acquisition of property on just terms.

Workers' compensation – Seafarers' compensation - Provisions in lieu of entitlement to damages at common law - Whether Act validly abolished entitlement - Whether abolition constituted acquisition of property on just terms.

Constitution – s 51(xxxi).

Seafarers Rehabilitation and Compensation Act 1992 (Cth) – s 54.

Seafarers Rehabilitation and Compensation (Transitional Provisions and Consequential Amendments) Act 1992 (Cth) – s 13.

Files
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