Adcock v Workers' Compensation Regulator

Case [2025] ICQ 14


INDUSTRIAL COURT OF QUEENSLAND

CITATION:

Adcock v Workers' Compensation Regulator  [2025] ICQ 14

PARTIES:

Adcock, Malcolm
(Appellant)

v

Workers' Compensation Regulator
(Respondent)

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
(No. 2)
[2023] QIRC 266

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
DL v The Queen (2018) 266 CLR 1

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

Workers' Compensation Regulator v Adcock [2022] ICQ 16

Workers Compensation Regulator v Queensland Nurses and Midwives' Union of Employees (No 2) [2021] ICQ 13

Reasons for Decision

Introduction

  1. Malcolm Adcock ('the Appellant') appeals against an order for costs issued by the Queensland Industrial Relations Commission ('the Commission').

  2. Relevantly, the Appellant seeks, on appeal, to set aside the decision…

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Adcock v Workers' Compensation Regulator [2025] ICQ 14
Case
[2025] ICQ 14
Decision Date

CaseChat Overview and Summary

The case of Adcock v Workers' Compensation Regulator involves the Appellant, Mr Adcock, who filed an appeal against a decision of the Queensland Industrial Relations Commission (QIRC) regarding a workers' compensation matter. The central dispute revolves around the award of costs and the process by which these costs were assessed and determined. The appeal was brought before the Industrial Court, which was tasked with deciding whether the QIRC had the authority to award costs and whether it had made any errors of law in the assessment.

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

In QNMU (No 2), Davis J held that the power to award costs in workers' compensation matters was vested in the WCR Act and not restricted by s 545 of the IR Act.[10]The Costs Decision [10] QNMU (No 2) (n 8) [28]. Relevant Background Previously, the parties have been involved in two workers' compensation appeals matters in the Commission below, as well as another Industrial Court appeal regarding the substantive decision in WC/2019/64.[11] [11] Workers' Compensation Regulator v Adcock [2022] ICQ 16 ('Workers' Compensation Regulator v Adcock'). Mr Adcock commenced employment with KJM Contractors Pty Ltd on 8 October 2008 as a casual employee and converted to full-time employment on 29 October 2013. Mr Adcock's role was that of a cook/chef in remote camps with the arrangement that he would "Fly-In-Fly-Out" on the basis of two weeks on, two weeks off. On 25 August 2015, whilst getting some product in the form of a box of bacon and frozen cake mix, Mr Adcock misjudged the step which led to his left foot rolling, and he fell down which caused immediate pain up his left ankle and to his back. By a decision of the Commission on 22 September 2017, the Commission found that [12] Adcock v Workers' Compensation Regulator [2017] QIRC 86, [52].the Appellant had suffered "a personal injury in the form of a 'lateral ankle ligament sprain, most likely a partial tear to the calcaneal fibular ligament'" which arose out of, or in the course of, his employment with the employment being the significant contributing factor to the injury.[12] In 2018, the Regulator varied the decision of WorkCover and determined that the Appellant did not have an entitlement to payments of weekly compensation after [13] Adcock v Workers' Compensation Regulator [2021] QIRC 227, [7].26 August 2016, however, has an entitlement to payment of medical expenses and hospitalisation until 21 February 2019. The Appellant filed a further workers' compensation appeal in the Commission to review this decision made by the Regulator.[13] On 25 June 2021, the Commission found that the Appellant's incapacity is determined to have ceased at 30 November 2017, and that his requirement for medical treatment continued until 27 February 2018. The Regulator appealed this decision to the Industrial Court. The Court dismissed the appeal.[14][14] Workers' Compensation Regulator v Adcock (n 11). Following the appeal decision on 24 May 2022 and correspondence from the parties, the Commission issued a Directions Order dated 30 November 2022 seeking submissions on the issue of costs in WC/2019/64 which were subsequently filed by the parties. The Commission determined the costs decision on 15 September 2023 as follows: The Respondent pay the Appellant's costs of the hearing fixed in the sum of [15] Primary Decision (n 1) [44].$ 2,792.65.[15] The Commission provided written reasons with respect to the Primary Decision. Relevantly, a preliminary matter dealt with by the Commission was in respect to an earlier order issued in the proceedings that the Respondent pay the "costs of the appeal".

Ratio Decidendi

Legal Principle Established

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