Rindeklev v Comcare

Case [2024] FCA 1023


FEDERAL COURT OF AUSTRALIA

Rindeklev v Comcare [2024] FCA 1023

File number: WAD 227 of 2023
Judgment of: COLVIN J
Date of judgment: 5 September 2024
Catchwords:

ADMINISTRATIVE LAW - where applicant sought review of two worker's compensation decisions in the Administrative Appeals Tribunal - where applicant withdrew the applications such that applications were taken to be dismissed by the Tribunal pursuant to s 42A(1B) of the Administrative Appeals Tribunal Act 1975 (Cth) (Act) - where applicant later applied to have proceedings reinstated - where Tribunal refused to reinstate proceedings - where decision-maker expressed a view on the reinstatement application concerning correctness of past procedural orders - whether Tribunal made an error of law in deciding to refuse to reinstate applications - whether decision-maker was called on to adjudge own decision in respect of procedural orders such that decision of the Tribunal affected by actual or apprehended bias - consideration of nature of Tribunal's power to reinstate under s 42A of the Act - held no error of law in the Tribunal's reasoning established - decision not affected by bias - application dismissed

PRACTICE AND PROCEDURE - confidentiality orders - consideration of relevance of confidentiality orders by Tribunal for the making of orders by the Court - no confidentiality orders

Legislation:

Administrative Appeals Tribunal Act 1975 (Cth) ss 42A, 44

Federal Court of Australia Act 1976 (Cth) s 37AE

Safety, Rehabilitation and Compensation Act 1988 (Cth)

Cases cited:

Brown v Repatriation Commission (1985) 7 FCR 302

Charisteas v Charisteas [2021] HCA 29; (2021) 273 CLR 289

Ebner v Official Trustee in Bankruptcy [2000] HCA 63; (2000) 205 CLR 337

Haritos v Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315

Herald & Weekly Times Limited v Gregory D Williams (formerly identified as VAI) [2003] FCAFC 217; (2003) 130 FCR 435

Hogan v Australian Crime Commission [2010] HCA 21; (2010) 240 CLR 651

Roy Morgan Research Centre Pty Ltd v Commissioner of State Revenue (Vic) [2001] HCA 49; (2001) 207 CLR 72

The Country Care Group Pty Ltd v Commonwealth Director of Public Prosecutions (No 2) [2020] FCAFC 44; (2020) 275 FCR 377

VXQB v Child Support Registrar [2021] FCA 48

Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 155
Date of hearing: 20 March 2024
Counsel for the Applicant: The applicant appeared in person
Counsel for the Respondent: Mr P Woulfe
Solicitor for the Respondent: Moray & Agnew Lawyers

ORDERS

WAD 227 of 2023
BETWEEN:

GUNILLA RINDEKLEV

Applicant

AND:

COMCARE

Respondent

ORDER MADE BY:

COLVIN J

DATE OF ORDER:

5 SEPTEMBER 2024

THE COURT ORDERS THAT:

1.The appeal is dismissed.

2.Any application for costs be brought within 14 days.

3.Any application pursuant to order 2 shall be made by filing and serving written submissions of no more than three pages which state the terms of the orders sought and the contentions advanced in support of those orders, together with…

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AGLC
Rindeklev v Comcare [2024] FCA 1023
Case
[2024] FCA 1023
Decision Date

CaseChat Overview and Summary

The matter of Rindeklev v Comcare involved the applicant, Gunilla Rindeklev, seeking a review of two decisions related to worker's compensation that were made in the Administrative Appeals Tribunal. The applicant had initially withdrawn her applications, leading to the Tribunal deeming the applications dismissed under section 42A(1B) of the Administrative Appeals Tribunal Act 1975 (Cth). Subsequently, the applicant applied for the proceedings to be reinstated, a request that was refused by the Tribunal. The decision-maker's comments on the reinstatement application touched upon the correctness of previous procedural orders, prompting the applicant to question the Tribunal's decision for potential legal errors and bias.

The legal issues before the court were twofold: firstly, whether the Tribunal erred in its legal reasoning when it declined to reinstate the proceedings, and secondly, if the decision-maker's assessment of past procedural orders constituted an actual or apprehended bias, thereby affecting the decision's validity. The court considered the Tribunal's authority to reinstate proceedings under section 42A of the Act, and whether the decision-maker's comments indicated an adjudication on their own past decision. The court found no legal error in the Tribunal's reasoning and concluded that there was no bias influencing the decision.

The court dismissed the appeal, finding no basis in law for the Tribunal's decision to be overturned. It also ruled that there was no actual or apprehended bias in the Tribunal's handling of the reinstatement application. In its orders, the court directed that any application for costs be made within a specific timeframe, outlined the process for such applications, and determined that costs would primarily be decided on the papers. Additionally, the court addressed the issue of confidentiality concerning certain pages of an affidavit, stipulating that the parties must be notified and given a chance to comment before those pages could be accessed.

Orders

Orders of the court

1. The appeal is dismissed.

2. Any application for costs be brought within 14 days.

3. Any application pursuant to order 2 shall be made by filing and serving written submissions of no more than three pages which state the terms of the orders sought and the contentions advanced in support of those orders, together with any necessary affidavit in support.

4. If an application is made pursuant to order 3 then the other party may file and serve written submissions of no more than three pages in reply which state the terms of any alternative form of orders and the contentions advanced in support of those orders, together with any necessary affidavit in support.

5. Subject to further order, the question of costs shall be determined on the papers.

6. The parties be notified of any request to access pages 295 to 305 of the Affidavit of Gunilla Rindeklev dated 7 February 2024 and afforded an opportunity to make further submissions as to confidentiality before any party be allowed access to those pages.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

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

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