INDUSTRIAL COURT OF QUEENSLAND
CITATION: | Adcock v Workers' Compensation Regulator [2025] ICQ 14 |
PARTIES: | Adcock, Malcolm v Workers' Compensation Regulator |
CASE NO: | C/2023/38 |
PROCEEDING: | Appeal |
DELIVERED ON: | 4 August 2025 |
MEMBER: | Hartigan DP |
| HEARD AT: | On the papers |
ORDER: | Pursuant to s 562(1)(a) of the Workers' Compensation and Rehabilitation Act 2003, the decision of the Queensland Industrial Relations Commission delivered on 15 September 2023 in Matter Number WC/2019/64 is confirmed. |
| CATCHWORDS: | INDUSTRIAL LAW – QUEENSLAND – APPEALS – APPEAL TO INDUSTRIAL COURT – WHEN APPEAL LIES – where the Appellant filed an appeal against a decision of the Queensland Industrial Relations Commission – where the Appellant sought costs – where the Commission granted the costs application against the Respondent – where the Appellant appeals the costs decision – whether the Commission has power to award costs – whether the Commission made an error of law in assessing the costs in the proceedings below – decision of the Commission confirmed PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – APPEALS AS TO COSTS – OTHER MATTERS – where the Appellant contends that the Commission should have ordered costs with respect to closing written submissions – where the Appellant contends that there should have been an uplift to costs – whether the Commission made an error of law – whether the appeal should be granted – whether an uplift of the costs should be awarded to the Appellant – decision of the Commission confirmed |
LEGISLATION: | Acts Interpretation Act 1954 (Qld), s 14A Industrial Relations (Tribunals) Rules 2011 (Qld), r 18 Uniform Civil Procedure Rules 1999 (Qld), r 681, sch 2 Workers' Compensation and Rehabilitation Act 2003 (Qld), s 5, s 114A, s 114B, s 553, s 558, s 561, s 562 Workers' Compensation and Rehabilitation Regulation 2014 (Qld), reg 132, reg 133 |
| CASES: | Adcock v Workers' Compensation Regulator [2017] QIRC 86 Adcock v Workers' Compensation Regulator [2021] QIRC 227 Adcock v Workers' Compensation Regulator Anderson v Pickers Auctions Pty Ltd (2023) 17 QR 134 Ball v State of Queensland (Department of Justice and Attorney-General, Queensland Corrective Services [2019] ICQ 23 House v The King (1936) 55 CLR 499 Martin v Rowling & Anor [2005] QCA 128 R v A2; R v Magennis; R v Vaziri (2019) 269 CLR 507 Simon Blackwood (Workers' Compensation Regulator) v Pearce [2015] ICQ 12 Smith v The Queen (1994) 181 CLR 338 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362 The Ombudsman v Laughton (2005) 64 NSWLR 114 Turay v Workers' Compensation Regulator [2023] ICQ 13 |
Reasons for Decision
Introduction
Malcolm Adcock ('the Appellant') appeals against an order for costs issued by the Queensland Industrial Relations Commission ('the Commission').
Relevantly, the Appellant seeks, on appeal, to set aside the decision…
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- AGLC
- Adcock v Workers' Compensation Regulator [2025] ICQ 14
- Case
- [2025] ICQ 14
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the QIRC had the jurisdiction to award costs in workers' compensation matters and if the costs awarded were appropriate. Additionally, the Appellant argued that the QIRC should have ordered costs with respect to closing written submissions and should have granted an uplift to the costs. The court had to determine if the QIRC made any legal errors in its assessment of costs and if the appeal should be granted or if an uplift of the costs should be awarded to the Appellant.
The Industrial Court confirmed the decision of the QIRC. It held that the power to award costs in workers' compensation matters was vested in the Workers' Compensation and Rehabilitation Act 2003 (WCR Act) and not restricted by section 545 of the Industrial Relations Act 2016 (IR Act). The court found that the QIRC had correctly exercised its discretion in awarding costs, and there was no error of law in the assessment. The court also determined that there was no basis to grant an uplift to the costs as requested by the Appellant.
ORDERS:
Pursuant to section 562(1)(a) of the Workers' Compensation and Rehabilitation Act 2003, the decision of the Queensland Industrial Relations Commission delivered on 15 September 2023 in Matter Number WC/2019/64 is confirmed.
Orders
Orders of the court
Pursuant to s 562(1)(a) of the Workers' Compensation and Rehabilitation Act 2003, the decision of the Queensland Industrial Relations Commission delivered on 15 September 2023 in Matter Number WC/2019/64 is confirmed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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