McVicker v Bunnings Group Ltd

McVicker brought proceedings against Bunnings Group Ltd in the Magistrates Court of Queensland, seeking damages for injuries sustained in an incident at one of Bunnings' stores. The Magistrates Court referred the matter to the Industrial Relations Commission of Queensland (the Tribunal) for determination. The Tribunal held a hearing, but McVicker sought to present additional evidence despite a prior direction to file evidence before the hearing. The Tribunal refused to allow the additional evidence, and McVicker appealed the Tribunal's decision to the District Court, seeking leave to admit the fresh evidence in the appeal. The appeal centred on whether the Tribunal's refusal to allow the fresh evidence denied McVicker procedural fairness and whether the fresh evidence should be admitted in the appeal. The District Court found that the Tribunal's refusal to allow the fresh evidence was not an error of law, but the court considered it appropriate to remit the matter to the Tribunal for a new hearing. The court also found that the fresh evidence should be admitted in the new hearing, with liberty to the parties to present further evidence. The court further ordered that the parties be provided with a copy of the transcript for the hearing conducted on 13 February 2020 and 30 April 2020.