Facts: The defendant (D) employed the plaintiff (Pl) in Queensland (QLD), and QLD law was the proper law of the contract being the system of law with which the contract had its closest and most real connection. The Pl was promoted to work in NSW, and was injured in the course of employment due to D’s negligence. Pl commenced proceedings against D in tort and contract in the QLD District Court. It was argued that such proceedings were barred by the Workers Compensation Act 1987 (NSW).
Held: The substantive governing law in respect of the tort claim was NSW law as the lex loci delicti, but the substantive governing law in respect of the contract claim was QLD law as the proper law of the contract.