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ARTICLE · 17 AUGUST 2008

Settlement To Be Or Not To Be - That Is The Question

Cooper Grace Ward
Cooper Grace Ward
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This very recent decision of Justice Wilson of the Supreme Court dispels the long held belief that an oral compromise is as good as a written one, at least in the context of matters involving pre-proceeding settlements regulated by the Workcover Queensland Act 1996.

AustraliaEmployment and HR
Tony Park
Tony Park
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Bishop v Woolworths Limited [2008] Qsc 154

This very recent decision of Justice Wilson of the Supreme Court dispels the long held belief that an oral compromise is as good as a written one, at least in the context of matters involving pre-proceeding settlements regulated by the Workcover Queensland Act 1996 (and by analogy, the Workers Compensation and Rehabilitation Act 2003). It also serves as a reminder of the importance of keeping accurate attendance records of one's settlement discussions.

The claimant sought damages against the defendant for personal injuries sustained by her during the course of her employment with the defendant. The claim was regulated by the Workcover Queensland Act 1996. The claimant was self represented at all relevant times.

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