Mann v Simon Blackwood (Workers' Compensation Regulator)

[2014] QIRC 48

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:	Mann v Simon Blackwood (Workers' Compensation
Regulator) [2014] QIRC 048
PARTIES:	Mann, James
(Appellant)
v
Simon Blackwood (Workers' Compensation Regulator)
(Respondent)
CASE NO:	WC/2013/252
PROCEEDING:	Appeal against a decision of Simon Blackwood
(Workers' Compensation Regulator)
DELIVERED ON:	5 March 2014
HEARING DATE:	4 March 2014
MEMBER:	Vice President Linnane
ORDERS :	1.  The hearing dates of 19 - 21 March 2014 in

Toowoomba be vacated.

2.     This matter not be further listed for

directions and/or hearing unless and until the Appellant appears in person in any further proceedings.

CATCHWORDS:	Application by the Workers' Compensation Regulator to vacate hearing dates - Solicitors for the Appellant unable to obtain instructions from Appellant - Application granted - Consequential orders made.
CASES:	Industrial Relations Act 1999, s 274 General Powers of the Commission
APPEARANCES:	Ms K. Pedersen of Shine Lawyers for the Appellant. Ms C. Godfrey of Simon Blackwood (Workers' Compensation Regulator) for the Respondent

[1]     The substantive matter is an appeal by James Mann (Appellant) against a decision of Simon Blackwood (Workers' Compensation Regulator) (Regulator) given in Reasons for Decision dated 5 July 2013. The basis for the rejection of the Appellant's application for workers' compensation is that he was not a worker within the meaning of s 11 of the Workers' Compensation and Rehabilitation Act 2003 (Act).

[2]     The Notice of Appeal was filed on 26 July 2013 and the matter was set down for hearing in Toowoomba on 19 - 21 March 2014 at a Callover on 12 September 2013. The Appellant was made aware of the hearing dates in a Further Directions Order issued on 13 September 2013.

[3]     In correspondence received from the Appellant's Solicitors, Shine Lawyers, dated 28 February 2014 the Commission was advised that:

	Shine Lawyers had been unable to make contact with the Appellant even though the firm had made numerous attempts via e-mail, mobile telephone, social media and by contacting other witnesses to obtain instructions from the Appellant;
	the firm cannot withdraw as Solicitors on the record as they do not hold instructions; and
	the firm did not hold instructions to seek an adjournment as the Appellant had not provided any such instructions.

[4]    At the Mention of the matter scheduled in the Further Directions Order dated 13 September 2013, Shine Lawyers advised that they had last made contact with the Appellant prior to Christmas 2013 when he was back at home in Switzerland.

[5]     In those circumstances, the Regulator sought the vacation of the hearing dates of 19 - 21 March 2014. The Regulator did not seek costs.

[6]     I thus order that the hearing dates of 19 - 21 March 2014 in Toowoomba be vacated. I further order that this Notice of Appeal not be listed for directions and/or hearing until such time as the Appellant is able and willing to attend the Commission in person. Shine Lawyers is to notify the Industrial Registry if, and when, the Appellant is prepared to attend the Commission in person. At that time the matter will be further mentioned.

[7]     Order accordingly.