Cleary and Comcare (Compensation)

This matter concerned an application by the applicant, Cleary, for an extension of time to seek review of a decision made by the Australian Taxation Office. The application was heard by Emeritus Professor P A Fairall, Senior Member, of the Administrative Appeals Tribunal. The respondent was Comcare.

The primary legal issues before the Tribunal were whether to grant an extension of time for the applicant to lodge an application for review, and consequently, whether to reinstate the applicant's application for review. The Tribunal also considered the prejudice to the parties and the prospects of success of the underlying review.

The Senior Member reasoned that granting an extension of time after a significant passage of time, particularly given the extensive material already adduced by the applicant, would cause serious prejudice to the respondent and hold out false hope to the applicant. The original injury occurred approximately twenty years prior, and no new medical evidence had been presented to cast doubt on existing reports. The Senior Member concluded that the prospects of successfully challenging the 2017 decision were "vanishingly small."

Consequently, the Senior Member dismissed the application for an extension of time and, by reason of section 42A(8) of the Administrative Appeals Tribunal Act, also dismissed the application for review.