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Judicial Review
Wilmar Sugar Pty Ltd v Blackwood [2017] QSC 180  Douglas J The application concerned a statutory order of review pursuant to the Judicial Review Act 1991 (Qld) of the respondent’s decision to reject an enforceable undertaking offered by the applicant following the death of a worker. Relevantly, s 216 of the Work Health and Safety...
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Devi v Workers Compensation Regulator [2016] QSC 311 The applicant sought a review under s 20 of the Judicial Review Act 1991 (Qld) (“JR Act”) of the Regulator’s decision dated 31 August 2015 rejecting the determination of the decision of injury for the applicant’s psychological injury based on the reports of Dr Kar. WorkCover Queensland (WorkCover) had previously accepted...
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Zecevic v Simon Blackwood (Workers’ Compensation Regulator) & Anor [2015] QSC 232 The applicant sought a judicial review of a decision made by the Medical Assessment Tribunal (Tribunal) that the applicant’s autoimmune disorder of diffuse scleroderma was not work related. There was competing medical evidence as to whether it was. The applicant submitted pursuant to s...
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Glasson v Toll Holdings Limited [2015] QDC 204 The applicant sought an order that the Notice of Claim complied with section 275 of the Workers’ Compensation and Rehabilitation Act 2003. Unfortunately for the applicant, while the Notice of Claim was served within the limitation period, compliance or a waiver was not granted by the self-insurer. Central...
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May v Military Rehabilitation and Compensation Commission [2015] FCAFC 93 The Full Court of the Federal Court of Australia has changed the approach to whether an injury has been sustained by reference to a “sudden or identifiable” physiological change under s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act). Allsop CJ, Kenny, Besanko, Robertson...
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Argos Pty Ltd v Corbell, Minister for the Environment and Sustainable Development [2014] HCA 50 (10 December 2014) I refer you to the judgment summary. David Cormack – Brisbane Barrister & Mediator
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Haylett v Hail Creek Coal Pty Ltd & Anor (No 2) [2014] QSC 280 I refer to my earlier post and McMurdo J’s decision and note on its second attempt, this time before Dalton J, again r.46 of the Coal Mining Safety and Health Regulation 2001 (Qld), was not complied with. Namely, that the medical...
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Stagg v North & Ors [2014] QSC 8   The applicant contended the GMAT failed to take into account relevant parts of AMA 4 so that the tribunal’s decision involved an improper exercise of its power thereby providing a ground for review under s 20(2)(e) of the Judicial Review Act. In support the applicant also...
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NK Collins Industries Pty Ltd v The President of the Industrial Court of Queensland & Anor [2013] QCA 179   JUDGES: Holmes and Fraser JJA and Margaret Wilson JSeparate reasons for judgment of each member of the Court, each concurring as to the orders made ORDERS: Allow the application for an extension of time within...
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Public Service Association of South Australia Incorporated v Industrial Relations Commission of South Australia and Anor [2012] HCA 25 (11 July 2012) Further to previous postings regarding the decision in Kirk and in particular the excess or want of jurisdiction question, I refer to the judgment summary. Brisbane Barrister – David Cormack
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