Rutter and Linfox Australia Pty Ltd (Compensation)

This decision concerned a dispute over costs in a workers' compensation matter before the Administrative Appeals Tribunal. The applicant, Rutter, had brought two separate matters against the respondent, Linfox Australia Pty Ltd. The Tribunal was required to determine the extent to which the respondent should be ordered to pay the applicant's costs, particularly in light of offers of settlement made by the respondent and the applicant's success in only one of the two matters.

The primary legal issue before the Tribunal was the exercise of its discretion under section 67(8) of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) to apportion costs. This involved considering the reasonableness of settlement offers made by the respondent, including whether they were realistic and not merely contingent, and how the applicant's partial success should influence the cost order. The Tribunal also had to consider the costs associated with expert witnesses and the commencement of new legal representation for the applicant.

The Tribunal found that the offers of settlement made by the respondent were not reasonable in the circumstances. Consequently, the respondent was ordered to pay 70% of the applicant's professional costs, including counsel's fees, incurred after 20 July 2016, excluding costs specifically related to one of the two matters. The respondent was also ordered to pay the entirety of Dr New's fees, encompassing both his written reports and oral evidence, and all other reasonable and proper disbursements associated with one of the applications.