Connolly and Connolly v Simon Blackwood (Workers' Compensation Regulator)

The case involves Connolly and Connolly, the applicants, against Simon Blackwood, the Workers' Compensation Regulator, who is the respondent. The dispute centres around the awarding of costs in proceedings before the Industrial Commission of Queensland. The applicants sought an order for costs from the Industrial Commission, which was denied by the Regulator. The applicants then appealed to the Industrial Court of Queensland.

The primary legal issue was whether the Industrial Commission had the authority to award costs to the applicants beyond what was permitted under sections 132(2)(a) and 132(2)(b) of the Workers' Compensation and Rehabilitation Act 2003 (Qld). The applicants argued that the Commission had the discretion to award costs beyond these sections, while the Regulator contended that the legislation limited the allowable costs to those specified in the sections.

The Industrial Court found that the legislation clearly limited the types and amount of costs that could be awarded. Section 132(3) provided the only discretion regarding the quantum of costs, which did not apply to the present application. The court concluded that the applicants' argument that the Commission could award costs beyond what was permitted by the Act was incorrect. The court also noted that there was no evidence to support the applicants' claim that certain witnesses were "professional witnesses" under the Uniform Civil Procedure (Fees) Regulation 2009 (Qld).

The Industrial Court dismissed the applicants' application for costs and ordered the Regulator to pay the applicants $10,610.90 for costs relating to matter WC/2013/174 within 21 days of the release of the decision.