Event and Time
Event Description
- The plaintiff applied for leave to file and serve a Further Amended Statement of Claim dated 13 September 2022.
- The defendant opposed this application.
- Proceedings are set for trial on 20 March 2023, previously ordered "not reached" on 14 September 2022.
- The plaintiff previously commenced action via Writ dated 17 July 2022 and Statement of Claim dated 14 August 2020.
- The Further Amended Statement of Claim includes claims of being a deemed employer.
Application and Claims
- The plaintiff alleges employment with the defendant between 2003 and 2015 and sustained injuries while performing tasks as a delivery driver.
- The defendant denies employment, asserting that the plaintiff was engaged as a subcontractor owner/driver.
Judicial Decisions
- Leave granted to the plaintiff to file the Further Amended Statement of Claim.
- No significant prejudice to the defendant that would require the trial date to be vacated.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff’s Claims and Arguments:
- Claims he was employed by the defendant, making him entitled to seek damages for injuries sustained as an employee. - Alleged injuries occurred during the performance of delivery driver duties. - Asserts that he qualifies as a deemed employer under Victorian law, specifically s7A of the Accident Compensation Act 1985 (Vic).
- Defendant’s Claims and Arguments:
- Denies that the plaintiff was ever employed, insisting that the relationship was exclusively subcontractual. - Contends that the amendments proposed are frivolous and lack a reasonable prospect of success. - Refers to specific legal provisions under the Accident Compensation Act that affect the plaintiff's claims and argues the need for adherence to procedural rules.