Saffioti and Comcare (Compensation)

This matter concerned an application by Ms Saffioti for an extension of time to seek a review of a decision made by Comcare regarding her compensation claim. The dispute arose because Ms Saffioti's former solicitor failed to lodge the application for review within the prescribed time. The application for an extension of time was heard by Deputy J W Constance P.

The primary legal issues before the court were whether there was an acceptable explanation for the delay in lodging the application, the potential prejudice to Comcare if an extension were granted, and whether it would be unfair to other applicants to grant the extension. Comcare argued that the delay would prejudice its ability to gather evidence and that public interest considerations, such as the diversion of resources and potential impact on premiums, weighed against granting an extension.

The court found that Ms Saffioti had provided an acceptable explanation for the delay, attributing it to errors made by her former legal representative, and that she had consistently wished to pursue her claim. The court considered that the prejudice to Comcare was not so significant as to outweigh the applicant's right to have her claim heard, particularly as the substantive claim appeared to have reasonable prospects of success, with likely available medical evidence. The court also determined that granting the extension would not be unfair to other applicants, especially as Ms Saffioti herself had not contributed to the delay.

Consequently, the court ordered that the time for Ms Saffioti to apply for a review of Comcare's decision be extended to close of business on 31 January 2018.