The DLS Portal will be offline for maintenance and upgrades from 6.00pm (AEST) Friday, 12 September 2025 to 8.00am (AEST) Monday, 15 September 2025.
Judgment date
Case number
S281/2009
S284/2009
Before
French CJ, Gummow, Hayne, Heydon, Kiefel JJ
Catchwords
Insurance – Workers' compensation - Workers' Compensation Act 1926 (NSW) ("Act") s 18(1) required employers to obtain insurance or indemnity policy from insurer in respect of liability for injury to any worker - Act stipulated minimum level of cover in respect of employer's liability independently of Act - General terms and conditions of policy referred to in Act and in Appendix to Workers' Compensation Regulations 1926 (NSW) ("Regulations") - Where insurance policy lost - Where no evidence as to level of indemnity in policy - Whether any limitation upon indemnity imposed by Act or policy - Whether insurer or insured carries burden of proving limitation upon indemnity.
Statutory construction – Interaction between Act and Regulations - Whether Regulations can be used to construe Act.
Workers' Compensation Act 1926 (NSW) – ss 18(1), 18(3)(a), 18(5).
Workers' Compensation Regulations 1926 (NSW) – Div I, reg 1.