Duinker v St Vincent de Paul Society Aged and Special Services Limited (Lewisham Nursing Home)

The appeal concerned a determination by an Arbitrator regarding a workers compensation claim brought by Ms Duinker against St Vincent de Paul Society Aged and Special Services Limited, operating as Lewisham Nursing Home. Ms Duinker sought workers compensation benefits, which were initially determined by an Arbitrator. A subsequent review of this decision was undertaken by a Presidential member, and the present appeal to the Court of Appeal concerned the nature of that review and whether the Presidential member had erred in law.

The primary legal issues before the Court of Appeal were whether the Presidential member was required to identify a specific error in the Arbitrator's decision before overturning it, whether the Presidential member was bound to apply the principles established in *Abalos v Australian Postal Corporation*, and whether, in light of these considerations, the Presidential member had demonstrated an error of law in their review.

The Court of Appeal held that a Presidential member conducting a review of an Arbitrator's decision under the relevant legislation was not strictly bound to identify a specific error of law or fact in the Arbitrator's determination. Instead, the Presidential member was entitled to conduct a fresh review of the evidence and the Arbitrator's findings, applying the correct legal principles. The Court found that the Presidential member had correctly applied the principles of *Abalos* and had not made an error of law in their assessment of the case.

Consequently, the appeal was dismissed, and the costs were awarded to the respondent.