Kerney and Comcare (Compensation)

The Administrative Appeals Tribunal (AAT) considered an application for dismissal under section 42A of the *Administrative Appeals Tribunal Act 1975* (Cth). The applicant, Mr Kerney, had lodged an application concerning a compensation matter with Comcare. However, Mr Adams, the applicant's last known legal representative, had played no active role in the proceedings for at least 12 months, suggesting a potential lack of ongoing interest from the applicant.

The primary legal issue before the Tribunal was whether the application should be dismissed pursuant to section 42A of the *Administrative Appeals Tribunal Act 1975* due to a failure to proceed. This section allows the Tribunal to dismiss an application if the applicant fails to proceed with it.

The Tribunal, presided over by Deputy President John Pascoe AC CVO, determined that the application should be dismissed under section 42A. This decision was based on the observation that Mr Adams, representing the applicant, had not actively participated in the matter for a considerable period, indicating a likely cessation of the applicant's interest in pursuing the proceedings.

Consequently, the Tribunal made an order dismissing the application pursuant to section 42A of the *Administrative Appeals Tribunal Act 1975*. A direction was issued for a copy of this decision to be sent to Mr Adams, as the applicant's last known legal representative.