JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE FULL COURT (WA)
CITATION: RE MONGER; EX PARTE UNITED CONSTRUCTION PTY LTD [2002] WASCA 253
CORAM: MALCOLM CJ
WALLWORK J
ANDERSON J
TEMPLEMAN J
FITZGERALD AJ
HEARD: 12 AUGUST 2002
DELIVERED : 12 SEPTEMBER 2002
FILE NO/S: CIV 1763 of 2000
MATTER :Application for Writ of Certiorari and Writ of Mandamus, Alternatively, a Writ of Prohibition against ROSS MONGER Director of the Conciliation & Review Directorate constituted under the Workers' Compensation and Rehabilitation Act 1981
EX PARTE
UNITED CONSTRUCTION PTY LTD
Applicant
FILE NO/S :FUL 23 of 2002
BETWEEN :UNITED CONSTRUCTION PTY LTD
Appellant
AND
VITOR MANUEL FERDINAND DE SANTOS
Respondent
Catchwords:
Workers' compensation - Dispute as to degree of disability - Decision by Director of Conciliation & Review to refer dispute to review officer - Initial medical evidence insufficient - Effect on jurisdiction of Director and review officer - Whether review officer bound to inquire into validity of Director's referral
Practice and procedure - Writ of certiorari - Time for application - Whether time limit applicable - Whether Director of Conciliation & Review a "court or tribunal" within O 56 r 11(1)
Words - phrases - "Tribunal"
Legislation:
Rules of the Supreme Court 1971, O 56 r 11(1)
Workers' Compensation and Rehabilitation Act 1981, s 84Z, s 84ZN, s 84ZW, s 93D
Workers' Compensation and Rehabilitation Regulations 1982, reg 19J
Result:
Appeal from decision of compensation magistrate allowed
Application for writ of certiorari refused
Category: A
Representation:
CIV 1763 of 2000
Counsel:
Applicant: Mr C L Zelestis QC & Mr D W Williams
Amicus Curiae : Ms J C Pritchard
Solicitors:
Applicant: McAuliffe Williams & Partners
Amicus Curiae : Crown Solicitor's Office
FUL 23 of 2002
Counsel:
Appellant: Mr C L Zelestis QC & Mr D W Williams
Respondent: Mr B L Nugawela
Amicus Curiae : Ms J C Pritchard
Solicitors:
Appellant: McAuliffe Williams & Partners
Respondent: Bradford & Co
Amicus Curiae : Crown Solicitor's Office
Case(s) referred to in judgment(s):
A‑G (Commonwealth) v Breckler (1999) 163 ALR 576
Chief Adjudication Officer v Foster (1993) AC 754
Clisdell v Commissioner of Police (1993) 31 NSWLR 555
Corporation of the City of Enfield v Development Commission (2000) 199 CLR 135
Deputy Commissioner of Taxation v Richard Walter Pty Ltd (1994) 183 CLR 168
Re Monger; ex parte Dutch (2001) 25 WAR 96
Re Monger; ex parte WMC Resources Ltd [2002] WASCA 129
Re Smith; ex parte Rundle (1991) 5 WAR 295
Case(s) also cited:
Midgley v Ross E Monger, Director Conciliation & Review Directorate [2000] WASC 291
Re Crosser; ex parte Rutherford & Anor [2001] WASCA 422
Re Monger, ex parte Industrial Progress Corporation Pty Ltd [2001] WASCA 281
Re Monger; ex parte Cargo Enterprises Pty Ltd [2001] WASC 19
Re Monger; ex parte Shire of Wyndham-East Kimberley [2002] WASC 165
Re Monger; ex parte Swan Portland Cement Ltd [2001] WASCA 321
Re Monger; ex parte Western Power Corporation [2000] WASC…
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- Case
- [2002] WASCA 253
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to decide was whether the review officer was obligated to investigate the validity of the Director's referral when the initial medical evidence presented was deemed insufficient. This raised questions about the jurisdictional boundaries of the Director and the review officer, as well as the procedural requirements governing such referrals. Additionally, the court needed to determine whether the Director of Conciliation & Review constituted a "court or tribunal" under the relevant rules of court, which would affect the applicability of specific procedural time limits.
The court found that the Director's decision to refer the dispute to the review officer was not necessarily flawed, even if the initial medical evidence was insufficient. It was determined that the review officer was not bound to inquire into the validity of the Director's referral. The court held that the Director of Conciliation & Review did not fall within the definition of "tribunal" under the relevant rules, and therefore, the time limit for applying for a writ of certiorari did not apply. This meant that the employer's application for certiorari was not subject to the specified time constraints. The court's decision clarified the roles and responsibilities of the Director and the review officer and provided guidance on the application of procedural rules in workers' compensation cases.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: WALLWORK J
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