Ettridge v WorkCover Corporation

The applicant, Ettridge, sought permission to appeal to the Full Court of the Supreme Court of South Australia against a decision of the Full Bench of the Workers Compensation Tribunal, which had dismissed Ettridge's own appeal against an earlier decision. The application for permission to appeal was made in private.

The central legal issue before the Full Court was whether to grant leave to appeal. This required the Court to consider the extent to which courts and tribunals should assist unrepresented litigants, balancing this against the need to maintain the appearance of fairness to opposing parties, the potential for increased expense to those parties, and the impact on the efficient use of court resources.

The Full Court reasoned that while courts and tribunals should provide reasonable assistance to unrepresented litigants, there are inherent limitations within an adversarial system. The Court must consider the perception of fairness by the opposing party and the public, the financial burden that may be imposed on the opposing party by granting indulgences, and the opportunity cost to other litigants whose matters are handled more efficiently by legal representatives. In this instance, the Court also noted the delay in bringing the application.

Consequently, the Full Court refused permission to appeal. Kourakis CJ, Sulan J, and David J all agreed with the reasons for refusal.