Opera Services Pty Ltd v Williams

Opera Services Pty Ltd appealed a decision of a Member of the Personal Injury Commission who had issued a certificate of determination in relation to a workers compensation claim. The determination had been made by the Member after a review of the evidence, including expert evidence, and was to the effect that the applicant was not entitled to the compensation claimed. The court was required to decide whether the Member had erred in taking judicial notice of the reasoning process that was applied in assessing the evidence, and whether this was inconsistent with section 43(2) of the Personal Injury Commission Act 2020 and rule 73 of the Personal Injury Commission Rules 2021.

The court found that the Member was entitled to take judicial notice of the reasoning process, and that there was no error in the Member's approach. The court held that section 43(2) of the Act and rule 73 of the Rules did not prohibit a Member from taking judicial notice of the reasoning process. The court further found that the Member's assessment of the evidence, including the expert evidence, was not unreasonable and that there was no error in the determination.

The appeal was dismissed and the certificate of determination dated 19 May 2022 was confirmed.