Linfox Australia v Hilbert

FEDERAL COURT OF AUSTRALIA

Linfox Australia v Hilbert [2025] FCA 1213

Appeal from:

Hilbert and Linfox Australia Pty Ltd [2024] AATA 3608

File number:

VID 1149 of 2024

Judgment of:

MCEVOY J

Date of judgment:

2 October 2025

Catchwords:

ADMINISTRATIVE LAW – where Tribunal set aside decision made by the applicant – where Tribunal denied procedural fairness to the applicant as required by s 39(1) of the Administrative Appeals Tribunal Act 1975 (Cth) – where respondent concedes denial of procedural fairness and error of law on the part of the Tribunal – whether the court should grant the relief proposed by the parties – relief granted

Legislation:

Administrative Appeals Tribunal Act 1975 (Cth), s 39(1)

Administrative Review Tribunal Act 2024 (Cth), s 172

Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 5A(1)(b), 14

Cases cited:

HSCK v Minister for Immigration and Multicultural Affairs [2025] FCAFC 17
Irwin v Military Rehabilitation and Compensation Commission (2009) 174 FCR 574
Jagroop v Minister for Immigration and Border Protection (2014) 225 FCR 482
Kovalev v Minister for Immigration and Multicultural Affairs (1999) 100 FCR 323
Smith v Minister for Immigration, Citizenship and Multicultural Affairs [2025] FCAFC 78
VNPC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 921

Division:

General Division

Registry:

Victoria

National Practice Area:

Administrative and Constitutional Law and Human Rights

Number of paragraphs:

10

Date of hearing:

Determined on the papers

Solicitor for the applicant:

LHD Lawyers

Solicitor for the respondent:

HWL Ebsworth Lawyers

ORDERS

VID 1149 of 2024

BETWEEN:

LINFOX AUSTRALIA PTY LTD

Applicant

AND:

MATTHEW HILBERT

Respondent

ORDER MADE BY:	MCEVOY J
DATE OF ORDER:	2 OCTOBER 2025

THE COURT ORDERS THAT:

1.The appeal be allowed. 

2.The decision of the Administrative Appeals Tribunal dated 10 October 2024 be set aside.

3.The matter be remitted to the Administrative Review Tribunal differently constituted to be determined according to law.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

MCEVOY J:

1. On 10 October 2024 the Administrative Appeals Tribunal (as it then was) set aside a decision of the applicant, Linfox Australia Pty Ltd, made pursuant to s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the SRC Act), that Linfox was not liable to pay compensation to the respondent, Mr Matthew Hilbert, in respect of an alleged workplace injury. The Tribunal determined that Linfox was liable to pay compensation to Mr Hilbert and remitted the matter to Linfox for reconsideration in accordance with its decision.

2. The Tribunal determined that Mr Hilbert had suffered an injury (other than a disease) in the course of his employment within the meaning of s 5A(1)(b) of the SRC Act. In making its decision the Tribunal, through its own independent research, located and apparently had regard to an article authored by the Victorian Managed Insurance Authority on the subject of harm prevention in Victorian emergency departments (the article).

3. By a notice of appeal from a tribunal dated 28…