Hatcliffe and Australian Capital Territory (Practice and procedure) [2025] ARTA 1931 (18 August 2025)
Date:18 August 2025
Applicant/s: Robert Hatcliffe
Respondent: Australian Capital Territory
Tribunal Number: 2024/2387
Tribunal:General Member F Eylward
Place:Canberra
Date of Hearing: 11 July 2025, 18 August 2025
Written Decision: 26 September 2025
Decision:The Tribunal dismisses the application for review pursuant to section 101(1)(a) & (c) of the Administrative Review Tribunal Act 2024 (Cth).
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General Member F Eylward
CATCHWORDS
PRACTICE AND PROCEDURE – Application for Dismissal under s 101(1) Administrative Review Tribunal Act 2024 – objectives under s 9 – mechanism of review that is fair, just, economical, informal and quick – workers compensation – reviewable decision no present liability – subsequent aggravation claim accepted – liability for similar or worse condition accepted – any practical effect of relief sought – no material benefit to be derived from successful outcome – separate future entitlement to permanent impairment to same body part – any legitimate purpose to be achieved – abuse of process – frivolous, vexatious, misconceived or lacking in substance
LEGISLATION
Administrative Review Tribunal Act 2024 (Cth)
Administrative Appeals Tribunal Act 1975 (Cth) (repealed)
Administrative Review Tribunal (Consequential and Transitional Provisions No 1) Act 2024Safety, Rehabilitation & Compensation Act 1988 (Cth)
CASES
Re Christopher Paul Williams and Australian Electoral Commission and the Greens (Party Joined) [1995] AATA 160
Re O'Hara and Comcare (Compensation) [2023] AATA 3814
Re Paunovic and Australian Capital Territory (Compensation) [2020] AATA 5070General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; 112 CLR 125
Oliver and Comcare [2018] AATA 1964
Spencer v Commonwealth [2010] HCA 28
Jefferson Ford Pty Ltd v Ford Motor Company of Australian and Others [2008] FCAFC 60
Australian Postal Corporation v Oudyn [2003] FCA 318
Re Minister for Immigration & Multicultural & Indigenous Affairs Ex Parte Applicants S134/2022 (2003) 211 CLR 441
Re Minister for Immigration & Multicultural Affairs Ex Parte Lam (2003) 214 CLR 1
AA v Secretary to the Department of Health and Human Services (2020) 61 VR 436
Public Service Association of South Australia Inc v Industrial Relations Commissioner (SA) (2013) 115 SASR 413; [2013] SASCFC 4Woodhouse v Comcare [2021] FCAFC 95
Robson v Military Rehabilitation and Compensation Commission [2013] FCAFC 101Stenhouse v Secretary, Department of Education, Employment and Workplace Relations [2012] AATA 57
Statement of Reasons
These proceedings relate to an Application for Review lodged with the (former) Administrative Appeals Tribunal on 18 April 2024 under the Administrative Appeals Tribunal Act 1975 (AAT Act)[1] in relation to a reviewable decision dated 16 April 2024 made by a delegate of the Respondent.[2] The reviewable decision affirmed an earlier decision of 14 February 2024 that the Respondent had no present liability to pay compensation for medical expenses and incapacity with respect to the Applicant’s ‘lower back strain’ injury under sections 16 and 19 of the Safety, Rehabilitation & Compensation Act 1988 (Cth) (SRC Act).[3]
[1] T-Documents filed 28 May…
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- Case
- [2025] ARTA 1931
- Decision Date
CaseChat Overview and Summary
The Tribunal determined that the Applicant's application was vexatious and an abuse of process, given the acceptance of the new claim. The Tribunal noted that if the new claim had been accepted, there was no practical or legitimate purpose to be achieved from the substantive application. The objectives under section 9 of the ART Act emphasize the need for proceedings to be fair, just, economical, informal, and quick. The Tribunal concluded that proceeding with the substantive application, which was now vexatious and lacking in substance, was inconsistent with these objectives. The Tribunal thus granted the Respondent's dismissal application, finding that the substantive application had become an abuse of process.
The Tribunal dismissed the substantive application in line with section 101(1)(a) of the Administrative Review Tribunal Act 2024 (Cth). The issue of costs under section 67 of the SRC Act was reserved pending written submissions from the parties. The Tribunal's decision was grounded in the objectives of the ART Act and the need to prevent abuse of the Tribunal's process.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
The Tribunal’s objectives under section 9 are intertwined throughout the ART Act as an intrinsic part of the Tribunal’s priorities in its primary function of merits review. Notably, the adherence to those objections is emphasised in section 56 of the ART Act requiring parties and their representatives to use their best endeavours to assist the Tribunal in achieving those objectives. Logically, proceeding with an application that is frivolous, vexatious, misconceived or lacking in substance once one is aware that it lacks substance, or is an abuse of process is counterproductive to the objectives and the parties’ obligations to aide in the achievement of those objectives. CONSIDERATION The issue in dispute is whether the Applicant’s substantive application should be dismissed in the context of the new claim for the lower back being accepted rendering the application vexatious and an abuse of process with no practical or legitimate outcome to be achieved. The Applicant’s submission is essentially that if he is successful in the substantive application, the benefit he stands to gain or the practical purpose is:a)reinstatement of his compensable claim affording him the choice of claiming medical expenses or incapacity against either claim;b)retaining the right to seek compensation under the compensable claim in the event the Respondent denies compensation for the new claim on the basis the need arises from the injury on 16 August 2022; andc)the opportunity to potentially make a permanent impairment claim under section 24 of the SRC Act for the lower back twice – one on each claim in line with the Federal Court decision in Robson v Military Rehabilitation and Compensation Commission[26].[26] Ibid 25 Where no practical or legitimate purpose can be achieved or derived from determination of the substantive application, placing the Applicant in a better position, it is difficult to see how an application does not then become vexatious or lacking in substance that otherwise is an abuse of process, such that it should be dismissed. In that regard, the objectives under section 9 of the ART Act must be considered of primary importance – that is, an application is to be determined fairly, justly, expediently and with as little formality and expense as possible. Proceeding with an application that is vexatious lacking in substance or an abuse of process is clearly inconsistent with these objectives.Future entitlement for compensation against either claim The Tribunal notes that it was on receipt of the reports from Drs Nair and Khurana, that the Applicant submitted a new claim to the Respondent with the updated diagnosis, and for which the substantive proceedings were effectively stayed to allow for that to be properly considered and determined. The Respondent accepted liability for the new claim for permanent aggravation of pre-existing asymptomatic lumbar spondylosis under sections 14, 16 and 19 of the SRC Act. The Applicant stated that should the Tribunal dismiss the application, or if the Applicant was to withdraw it, he risks seeking payment of treatment expenses or incapacity in the future relating to his lower back under the new claim, only to be rejected on the basis the Respondent views the need for that medical treatment or incapacity relates to the underlying condition, rather than the currently accepted permanent aggravation claim.