Murry and Comcare (Compensation)

[2024] AATA 2010

Murry and Comcare (Compensation) [2024] AATA 2010 (25 June 2024)

Division:GENERAL DIVISION

File Number(s):      2023/4313, 2023/5221, 2023/5223, 2023/5225, 2023/5227 & 2023/5228

Re:Kim Murry

APPLICANT

AndComcare

RESPONDENT

DECISION

Tribunal:Member Lee Benjamin

Date:25 June 2024

Place:Brisbane

The Tribunal dismisses the applications for failure to proceed pursuant to subsection 42A(5) of the Administrative Appeals Tribunal Act 1975 (Cth).

.............................[SGD]...........................................

Member Lee Benjamin

Catchwords

PRACTICES AND PROCEDURES – Applicant’s failure to proceed with application for review of a decision made by Comcare

Legislation

Administrative Appeals Tribunal Act 1975 (Cth)

Safety, Rehabilitation and Compensation Act 1988 (Cth)

REASONS FOR DECISION

Member Lee Benjamin

25 June 2024

1. Ms Kim Murry has, for the past 12 months, had six separate applications before the Tribunal seeking review of Comcare determinations made under the Safety, Rehabilitation and Compensation Act 1988 (Cth).

2. Despite the passage of time, three sets of Tribunal directions, three Tribunal conferences, and repeated requests for extensions of time to file materials (which were granted), Ms Murry does not appear to have filed further evidence in support of her applications.

3. It is apparent that Ms Murry is not proceeding with her applications within a reasonable time.

4. The Tribunal held a directions hearing on 25 June 2024 to ascertain Ms Murry’s position in relation to her applications and whether she wished to proceed with the same.

5. At the directions hearing, Ms Murry indicated that she does not wish, and is not in a position, to proceed further with her applications.

   DECISION

6. I dismiss Ms Murry’s applications under subsection 42A(5) of the Administrative Appeals Tribunal Act 1975 (Cth) for failure within a reasonable time to proceed with the applications.

   I certify that the preceding 6 (six) paragraphs are a true copy of the reasons for the decision herein of Member Lee Benjamin.

   ...............[SGD]....................

   Associate

   Dated: 25 June 2024

   Date of Hearing:   25 June 2024

   Applicant:   Self-represented

   Solicitor for Respondent:                   Mr Abe Ghaleb, McInnes Wilson Lawyers