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Keir v Simon Blackwood (Workers' Compensation Regulator)

Keir v Simon Blackwood (Workers' Compensation Regulator)

Case [2014] QIRC 123 8 August 2014

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QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	Keir v Simon Blackwood (Workers' Compensation Regulator) [2014] QIRC 123
PARTIES:	Keir, Gaye Emily (Applicant) v Simon Blackwood (Workers' Compensation Regulator) (Respondent)
CASE NO:	C/2014/13
PROCEEDING:	Application for Leave to Appeal to a Full Bench
DELIVERED ON:	8 August 2014
HEARING DATE:	16 May 2014
MEMBER:	Vice President Linnane Deputy President O'Connor Industrial Commissioner Neate
ORDERS :	1. Application for Leave to Appeal in C/2014/13 Dismissed. 2. Application to Appeal in C/2014/17 is dismissed.
CATCHWORDS:	INDUSTRIAL LAW - Application for leave to appeal to a Full Bench of the Commission pursuant to s 342(3) of the Industrial Relations Act 1999 - Deputy President dismissed application for leave to proceed because of considerable delay in proceeding - Whether the matter is important enough, in the public interest, to give leave - Decision of Deputy President did not fundamentally alter the level of professionalism and conduct required of legal practitioners - No public interest identified which would warrant leave to appeal being granted - Application for leave to appeal - dismissed - Application to Appeal also dismissed.
CASES:	Industrial Relations Act 1999, s 342 Industrial Relations (Tribunals) Rules 2011, r 230 Astley v Austrust Ltd (1999) 197 CLR 1 Hancock v Arnold [2008] NSWCA 254 Schmidt v Townsends [2000] SASC Keioskie v Workers' Compensation Board of Queensland [1992] QCA 304 Sophron v The Nominal Defendant (1957) 96 CLR 269 Daily Examiner Pty Ltd v Mundine; Brown v Mundine [2012] NSWCA 195 Vlies v Commonwealth of Australia [2004] QSC 404 Hall v Nominal Defendant (1966) 117 CLR 423 Bice v Bribie Island Golf Club (1992) 141 QGIG 66 Dibb v AVCO Financial Services Ltd (1997) 156 QGIG 103 Doyles Construction Lawyers v Carmela Serratore (2002) 169 QGIG 196 Lynette Ann Strugnell v Workpac Light Industrial Pty Ltd (2005) 179 QGIG 412 Julie Stanton v QM Technologies Pty Ltd (2002) 171 QGIG 778 Transport Workers' Union of Australia, Union of Employees (Queensland Branch) v Queensland Chamber of Commerce and Industry Limited, Industrial Organisation of Employers (2006) 181 QGIG 280 Australian Liquor, Hospitality and Miscellaneous Workers' Union, Queensland Branch, Union of Employees and Or v Australian Workers' Union of Employees and Or (2004) 176 QGIG 104
APPEARANCES:	Mr S. Grant, Counsel instructed by Quinn & Scattini Lawyers, for the Applicant. Mr P. O'Neill, Counsel directly instructed by Simon Blackwood (Workers' Compensation Regulator) for the Respondent.

Decision

Dr Gaye Keir seeks to appeal to a Full Bench of the Queensland Industrial Relations Commission (Commission) against a decision of a Deputy President of the Commission given in B/2013/37: see Keir v Simon Blackwood (Workers' Compensation Regulator)[1]. The grounds of appeal in Dr Keir's Application to Appeal in C/2014/17 allege both errors of fact and errors of law. Thus Dr Keir must seek the leave of the Full Bench to appeal and it is her Application for leave to appeal (Application) that is the subject of this decision: see s 342 (2) of the Industrial Relations Act 1999.
[1] Keir…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Keir v Simon Blackwood (Workers' Compensation Regulator)

Details

AGLC: Keir v Simon Blackwood (Workers' Compensation Regulator) [2014] QIRC 123
Case: [2014] QIRC 123
Decision Date: 8 August 2014

CaseChat Overview and Summary

The case of Keir v Simon Blackwood (Workers' Compensation Regulator) involved an application for leave to appeal to a Full Bench of the Commission. The applicant, Keir, sought to appeal the decision of the Deputy President, who dismissed the application for leave to proceed due to considerable delay. The matter was assessed for its importance in the public interest to determine whether leave should be granted. The focus was on whether the delay fundamentally altered the level of professionalism and conduct expected from legal practitioners, and whether there was any public interest that warranted the appeal being heard by a Full Bench.

The court examined the criteria for granting leave to appeal under section 342(3) of the Industrial Relations Act 1999, considering the significant delay in proceeding and its impact on the case. The primary legal issue was whether the delay was substantial enough to justify granting leave to appeal, and if there was any public interest that would warrant such a decision. The court determined that the delay did not fundamentally alter the required standards of professionalism and conduct, and no public interest was identified that would support the granting of leave.

The court's reasoning was that the delay did not meet the threshold necessary to warrant an appeal to a Full Bench, and there was no public interest that would benefit from such an appeal. Consequently, the application for leave to appeal was dismissed, and the subsequent application to appeal was also dismissed. The decision underscored the importance of timely proceedings and the stringent criteria for appeals in such contexts.

ORDERS:
1. Application for Leave to Appeal in C/2014/13 Dismissed.
2. Application to Appeal in C/2014/17 is dismissed.

Orders

Orders of the court

1. Application for Leave to Appeal in C/2014/13 Dismissed.

2. Application to Appeal in C/2014/17 is dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Citations

Keir v Simon Blackwood (Workers' Compensation Regulator) [2014] QIRC 123

Most Recent Citation

Tanna (as Executor of the Estate of Ernest Valentine Tanna) v Simon Blackwood (Workers' Compensation Regulator) [2014] QIRC 187

Cases Citing This Decision

TB v State of Queensland (Queensland Health) [2025] QIRC 56
Citation 1 (Para 2)

…representative error 'itself cannot constitute an impenetrable bar to the making of an order refusing application for the extension of time.'[11] [9] [2014] QIRC 123 (' Keir '). [10] [2012] NSWCA 195 (' Daily Examiner '). [11] Keir (n 9) [16], citing Daily Examiner (n 10) [159].…
Nuttall v Workers' Compensation Regulator [2017] QIRC 69
Citation 2 (Para 2)

…as occasioned by reasonable cause, and I so hold in the present case". [22] Quinlivan v Portland Harbour Trust [1963] VR 25; Kier v Blackwood [2014] QIRC 123; Tanna v Blackwood [2014] QIRC 187; Murray v Workers’ Compensation Regulator [2016] QIRC 81. [23] Quinlivan v Portland Harbour Trust [1963] VR 25, 31.…
Murray v Workers' Compensation Regulator [2016] QIRC 81
Citation 3 (Para 1)

…5] Rankine v Simon Blackwood (Workers' Compensation Regulator) [2015] QIRC 142 [16] Keir v Simon Blackwood (Workers' Compensation Regulator) [2014] QIRC 123 [17] Keioskie v Workers' Compensation Board of Queensland [1992] QCA 304…
Wanninayake v State of Queensland (Department of Natural Resources and Mines) [2015] QIRC 84
Citation 4 (Para 1)

…ion in Keir v Simon Blackwood (Workers' Compensation Regulator) [2] where it was stated: [2] Keir v Simon Blackwood (Workers' Compensation Regulator) [2014] QIRC 123. "[26] The authorities on s 342(3) of the Industrial Relations Act 1999 have outlined a number of relevant considerations in determining such applica…
Tanna (as Executor of the Estate of Ernest Valentine Tanna) v Simon Blackwood (Workers' Compensation Regulator) [2014] QIRC 187
Citation 5 (Para 2)

…re to do so was not therefore reasonable. [4] Sophron v Nominal Defendant (1957) 96 CLR 469; Keir v Simon Blackwood (Workers' Compensation Regulator) [2014] QIRC 123.…

See all citing cases →

Cases Cited

Wickey v McVicar [2012] ACTCA 38
Citation 1

…raising as it did a matter giving [sic] to the exercise of discretion, appears to raise an error of law in the sense explained in the House v King (1936) 55 CLR 499 at 505 per Dixon, Evatt and McTiernan JJ. The contention that the exercise of discretion might be reviewed on very much broader grounds under s. 342 se…
Daily Examiner Pty Ltd v Mundine [2012] NSWCA 195
Citation 2

…' Compensation Board of Queensland [1992] QCA 304 Sophron v The Nominal Defendant (1957) 96 CLR 269 Daily Examiner Pty Ltd v Mundine; Brown v Mundine [2012] NSWCA 195 Vlies v Commonwealth of Australia [2004] QSC 404 Hall v Nominal Defendant (1966) 117 CLR 423 Bice v Bribie Island Golf Club (1992) 141 QGIG 66 Dibb v…
Hancock v Arnold; Dodd v Arnold [2008] NSWCA 254
Citation 3

…Industrial Relations Act 1999, s 342 Industrial Relations (Tribunals) Rules 2011 , r 230 Astley v Austrust Ltd (1999) 197 CLR 1 Hancock v Arnold [2008] NSWCA 254 Schmidt v Townsends [2000] SASC Keioskie v Workers' Compensation Board of Queensland [1992] QCA 304 Sophron v The Nominal Defendant (1957) 96 CLR 269 Dail…
Vlies v Commonwealth of Australia [2004] QSC 404
Citation 4 (Para 1)

…do J in Vlies v Commonwealth of Australia[19] . [18] Sophron v The Nominal Defendant (1957) 96 CLR 269 at 474. [19] Vlies v Commonwealth of Australia [2004] QSC 404.…
Serratore v Doyles Construction Lawyers [2003] QCA 27
Citation 5

…granted only if this Full Bench 'considers the matter is important enough, in the public interest, to give leave'. We adhere to the view expressed in Doyles Construction Lawyers v Serratore (2002) 169 QGIG 196 at 197 that: 'There is no justification and no utility in seeking to enhance, to limit or to define the test enunciated by the legislatu…
Dibb v Avco Financial Services Limited [2000] FCA 1785
Citation 6 (Para 1)

…etermining such applications. In Dibb v AVCO Financial Services Ltd[12] de Jersey P (as His Honour then was), in refusing leave to appeal, said: [12] Dibb v AVCO Financial Services Ltd (1997) 156 QGIG 103. "It is an application for leave to appeal which I am statutorily prohibited from granting unless I consider the matter 'is of sufficien…
Schmidt v Townsends No. Scgrg-00-603 [2000] SASC 363
Citation 7 (Para 46)

…[2] Astley v Austrust Ltd (1999) 197 CLR 1 per Gleeson CJ at [47]. [3] Hancock v Arnold [2008] NSWCA 254 at [46] - [47]. [4] Schmidt v Townsends [2000] SASC 363 per Gray J at [25].…
Coal and Allied Operations Pty Ltd v Australian industrial Relations Commission [2000] HCA 47
Citation 8

…d that the exercise of discretion was wrong, compare Coat and Allied Operations Pty Ltd v The Australian Industrial Relations Commission and Others (2000) 203 CLR 194 at para 14 per Gleeson CJ, Gaudron and Hayne JJ".…
Astley v AusTrust Ltd [1999] HCA 6
Citation 9

…Industrial Relations Act 1999, s 342 Industrial Relations (Tribunals) Rules 2011 , r 230 Astley v Austrust Ltd (1999) 197 CLR 1 Hancock v Arnold [2008] NSWCA 254 Schmidt v Townsends [2000] SASC Keioskie v Workers' Compensation Board of Queensland [1992] QCA 304 Sophron v The Nominal Defendant (1957) 96 CLR 269 Dail…
Bellino v Australian Broadcasting Corporation [1996] HCA 47
Citation 10

…"The concept of 'the public interest' is of the widest import, compare Bennio v Australian Broadcasting Corporation (1995-6) 185 CLR 183 at 193 per Brennan CJ (dissenting). There is no justification for limiting the concept in its present context. In particular, there is no justification for limiting the cases…
Keioskie v Workers' Compensation Board of Queensland [1992] QCA 304
Citation 11 (Para 1)

…Thomas J (with whom Macrossan CJ and McPherson JA agreed) who made the following reference: [5] Keioskie v Workers' Compensation Board of Queensland [1992] QCA 304.…
Sinclair v Maryborough Mining Warden [1975] HCA 17
Citation 12

…eave be granted notwithstanding that only the individuals involved in the proposed appeal are concerned: compare Sinclair v Maryborough Mining Warden (1975) 132 CLR 437 at 487 where, in quite a different context, Jacobs J observed 'it may … be in the public interest that the interests of an individual be not overborn…
Hall v Nominal Defendant [1966] HCA 36
Citation 13

…CLR 269 Daily Examiner Pty Ltd v Mundine; Brown v Mundine [2012] NSWCA 195 Vlies v Commonwealth of Australia [2004] QSC 404 Hall v Nominal Defendant (1966) 117 CLR 423 Bice v Bribie Island Golf Club (1992) 141 QGIG 66 Dibb v AVCO Financial Services Ltd (1997) 156 QGIG 103 Doyles Construction Lawyers v Carmela Serrat…
Sophron v The Nominal Defendant [1957] HCA 27
Citation 14 (Para 1)

…al before the Deputy President which could support his conclusion: see also the decision of McMurdo J in Vlies v Commonwealth of Australia[19] . [18] Sophron v The Nominal Defendant (1957) 96 CLR 269 at 474. [19] Vlies v Commonwealth of Australia [2004] QSC 404.…

Legislation Cited

Industrial Relations (Tribunals) Rules 2011 (Qld) 230
2 mentions (from Para 1)
Industrial Relations Act 1999 (Qld) 342
2 mentions (from Para 1)