Gillan v Workers' Compensation Regulator (No. 2)

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:

Gillan v Workers' Compensation Regulator (No. 2) [2021] QIRC 331

PARTIES:     

Gillan, Jennifer
(Appellant)

v

Workers' Compensation Regulator
(Respondent)

CASE NO.:

WC/2019/36

PROCEEDING:

Appeal against decision of the Workers' Compensation Regulator

DELIVERED ON:

24 September 2021

DATES OF WRITTEN SUBMISSIONS:

Respondent's written submissions filed on 20 September 2021 and Appellant's written submissions filed on 23 September 2021

MEMBER:

HEARD AT:

Merrell DP

On the papers

ORDER:

The Appellant pays the Respondent's costs fixed in the sum of $4,452.30.

CATCHWORDS:

WORKERS' COMPENSATION - ENTITLEMENT TO AND LIABILITY FOR COMPENSATION - APPEAL AGAINST REVIEW DECISION - COSTS - appeal decision in favour of respondent - whether costs of the hearing should follow the event - consent by appellant as to costs order sought by respondent - costs order in favour of respondent

LEGISLATION:

Uniform Civil Procedure Rules 1999, sch 2, pt 2

Workers' Compensation and Rehabilitation Act 2003, s 558

Workers' Compensation and Rehabilitation Regulation 2014, s 132

CASES:

Gillan v Workers' Compensation Regulator [2021] QIRC 315

Workers' Compensation Regulator v Queensland Nurses and Midwives' Union of Employees [2021] ICQ 13

APPEARANCES:

Derek Legal for the Appellant.

Mr B. McMillan of Counsel directly instructed by Ms J. Webb of the Respondent.

Reasons for Decision

Introduction

1. By decision dated 10 September 2021, I made an order confirming the decision appealed against by Ms Gillan. The order was made pursuant to s 558(1)(a) of the Workers' Compensation and Rehabilitation Act 2003 ('the Act').[1] I also ordered that the parties make submissions on the costs of the hearing and that unless otherwise ordered, I would make the decision about costs on the papers.

   [1] Gillan v Workers' Compensation Regulator [2021] QIRC 315.

2. The parties have made submissions on costs.

3. This is my decision about the costs of the hearing.

Background

1. Ms Gillan's appeal was originally set down for hearing on 10 and 11 June 2020. Due to the late disclosure by Ms Gillan, on 10 June 2020, of her intention to adduce evidence of matters beyond those in her Statement of Facts and Contentions, I adjourned the hearing.

2. By order dated 10 June 2020, I ordered that pursuant to s 558(3) of the Act, to the extent provided by s 132(2) of the Workers' Compensation and Rehabilitation Regulation 2014 ('the Regulation'), Ms Gillan pay the Regulator's costs thrown away by the adjournment of her appeal on 10 June 2020.

3. The appeal was then heard on 24 and 25 September 2020.

   The parties' submissions

4. The Regulator submits, having regard to the decision of Davis J, President, in Workers' Compensation Regulator v Queensland Nurses and Midwives' Union of Employees ('QNMU'),[2] that:

   ·the power to award the costs of the hearing comes from the Act;

   ·section 558(3) of the Act is limited to the costs of the hearing; and

   ·the Commission must give reasons for the exercise of the discretion to award costs.

   [2] [2021] ICQ 13 ('QNMU'), [16]-[32].

5. There can be no dispute about the…