Christensen and Australian Capital Territory (Compensation)

This matter came before the ACT Civil and Administrative Tribunal (ACAT) concerning an application for an extension of time to seek a review of a decision made by EML. The applicant, Ms Christensen, sought to extend the time limit for lodging an application for review of a decision that had terminated her compensation payments. The primary dispute revolved around the significant delay in lodging the application, which the applicant attributed to errors made by her legal representatives.

The Tribunal was required to determine whether to grant Ms Christensen an extension of time to lodge her application for review. This involved considering the reasons for the delay, the length of the delay, whether the applicant had rested on her rights, and the prospects of success of the substantive application. The Tribunal also had to assess whether the applicant should be held responsible for the failures of her solicitors.

The Tribunal reasoned that where a delay in lodging an application is caused by the error of a party's solicitor, those failures should not be visited upon the client. This principle, supported by case law, was central to the decision. The Tribunal found that the bulk of the delay was due to the applicant's solicitor's lack of understanding of the review process and the applicable time limits, rather than any inaction by Ms Christensen herself. The Tribunal was satisfied that Ms Christensen had acted reasonably in entrusting her matter to her legal representatives and that the delay attributable to her own conduct was minimal. Furthermore, the Tribunal considered that the applicant had a prospect of success in her substantive application, and there was no discernible prejudice to the respondent.

Consequently, the Tribunal ordered that an extension of time be granted to Ms Christensen to make an application to the Tribunal until 24 December 2020.