Colgrave v TT-Line Company Pty Ltd [2026] FCA 1232

On 10 September 2026, the Federal Court of Australia handed down its decision in Colgrave v TT-Line Company Pty Ltd [2026] FCA 1232.

Peter Woulfe, leading Andrew Schofield, appeared for the applicant, Mr Kerry Colgrave, instructed by Slater & Gordon Lawyers.

This appeal raised a question of construction in relation to s 38(1) and (2) of the Seafarers Rehabilitation and Compensation Act 1992 (Cth).

The position of the respondent, TT-Line Company Pty Ltd, was that compensation for incapacity was not payable to the applicant because he has reached pension age. The applicant, however, contended that the Tribunal erred by failing to apply s 38(2) of the Seafarers Act on the basis that he had reached the age that was one year before pension age when he suffered his injury. The applicant contended that the Tribunal should have concluded that s 38(1) did not apply, and that compensation for incapacity was payable to him for a maximum of 52 weeks (whether consecutive or not) during which he was incapacitated in accordance with s 38(2) of the Seafarers Act.

For the reasons it gave, the Federal Court held that the applicant’s construction of the Seafarers Act was correct. The Federal Court set aside the Tribunal’s decision and remitted the matter to the Tribunal with a direction that compensation is payable to the applicant in accordance with s 38(2) of the Seafarers Act.

The judgment is essential reading for those representing employee or decision-maker interests under the Seafarers Act, the Safety, Rehabilitation and Compensation Act 1988 (Cth) and cognate legislation.