Robert Crispino v Susanne Elizabeth Burns

The Full Federal Court considered an appeal by Robert Crispino against a decision concerning the application of the *Civil Law (Wrongs) Act 2002* (ACT). The dispute involved whether the respondent, Susanne Elizabeth Burns, as a worker's compensation insurer exercising subrogated rights, was required to provide notice of a claim under the Act.

The central legal issue before the Full Court was whether the notice requirements of the *Civil Law (Wrongs) Act 2002* applied to an insurer who was pursuing a claim by way of subrogation. Specifically, the court had to determine if the insurer, stepping into the shoes of the injured worker, was bound by the statutory obligation to give notice of the claim to the alleged wrongdoer.

The court reasoned that the *Civil Law (Wrongs) Act 2002* was intended to apply to claims for personal injury, and that the subrogated rights of an insurer were not excluded from its operation. The Act's purpose was to provide a framework for the notification and resolution of such claims, and to interpret it otherwise would undermine its effectiveness. The court affirmed that the insurer, in exercising its subrogated rights, was essentially pursuing the claim of the insured and was therefore subject to the same procedural requirements.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.