Katterns v Comcare

Katterns brought proceedings against Comcare in the Federal Circuit Court, seeking compensation for an alleged injury sustained during his employment. The case was dismissed by the primary judge, and an appeal to the Full Court of the Federal Circuit Court was also unsuccessful. Katterns then applied to the Administrative Appeals Tribunal (AAT) for a review of the Full Court's decision, but the AAT declined to review the decision on the basis that the application was filed outside the statutory time limit. Katterns sought judicial review of the AAT's decision in the Federal Court.

The primary issue for the court was whether the AAT erred in declining to review the Full Court's decision on the basis that the application was filed outside the statutory time limit. A secondary issue was whether the AAT erred in not considering whether it had jurisdiction to extend the time for filing an application under section 44(2) of the Administrative Decisions (Judicial Review) Act 1977 (Cth).

The court found that the AAT did err in not considering whether it had jurisdiction to extend the time for filing an application. The court held that the AAT is required to consider whether it has jurisdiction to extend the time for filing an application, even if the application is filed outside the statutory time limit. The court further held that the AAT's failure to consider this issue was a jurisdictional error, and therefore the AAT's decision was unlawful. The court set aside the AAT's decision and remitted the matter to the AAT for consideration of the application to reinstate the proceedings. The court did not make any order as to costs.