District Court
New South Wales
Medium Neutral Citation: Stanley v Lachlan Shire Council [2023] NSWDC 262 Hearing dates: 12 July 2023 Date of orders: 21 July 2023 Decision date: 21 July 2023 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) Leave is granted to the plaintiff to commence proceedings in this Court pursuant to s 26 of the Personal Injury Commission Act 2020 (NSW).
(2) Costs of the motion be costs in the cause.
Catchwords: WORKERS COMPENSATION — Compensation dispute determinations — Referral of dispute to Commission
CONSTITUTIONAL LAW — Judicial Power — Federal jurisdiction
Legislation Cited: Commonwealth Constitution, s 75
Constitution Act 1902 (NSW), s 51
Interpretation Act 1987 (NSW), ss 21, 112
Judiciary Act 1903 (Cth), s 39(2)
Local Government Act 1993 (NSW), s 220
Personal Injury Commission Act 2020 (NSW), ss 26, 27
Cases Cited: Australasian Temperance and General Mutual Life Assurance Society Ltd v Howe (1922) 31 CLR 290; [1922] HCA 50
Burns v Corbett (2018) 265 CLR 304; [2018] HCA 15
Crouch v Commissioner for Railways (Qld) (1985) 159 CLR 22; [1985] HCA 69
Deputy Commissioner of Taxation v State Bank (NSW) (1992) 174 CLR 219; [1992] HCA 6
Hobart International Airport Pty Ltd v Clarence City Council [2022] HCA 5; 96 ALJR 234
Lee v Fletcher International Exports Pty Ltd [2023] NSWDC 71
Texts Cited: None
Category: Principal judgment Parties: Jammie Michael Stanley (Plaintiff)
Lachlan Shire Council (Defendant)Representation: Counsel:
Solicitors:
Mr T Grimes (Plaintiff)
Mr J Beran (Defendant)
Gerard Malouf & Partners Law (Plaintiff)
Bartier Perry (Defendant)
File Number(s): 2023/00120527 Publication restriction: None
JUDGMENT
Introduction
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The plaintiff commenced these proceedings by way of summons. In the summons, the plaintiff seeks leave pursuant to s 26(3) of the Personal Injury Commission Act 2020 (NSW) (the Act) to commence proceedings for compensation in this Court. The plaintiff further seeks an order pursuant to s 27 of the Act that the matter be remitted to the President of the Personal Injury Commission (PIC) to be determined by a Member.
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The proceedings concern the claim in respect of workplace injuries allegedly sustained by the plaintiff while in the employ of the defendant Council. I was told from the Bar Table that these injuries were allegedly incurred while the plaintiff was working as part of a road maintenance crew.
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The plaintiff now lives in Queensland and as such there is a possible issue of Federal jurisdiction which arises. A Member of the PIC determined that the issue of possible Federal jurisdiction was arguable, and took the view that she did not have power to determine that question.
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The proceedings were thus discontinued in the PIC and these proceedings were commenced.
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The reference to “Federal jurisdiction” is in reality a shorthand reference to section s 75 of the Commonwealth Constitution ("the Constitution”) which is in the following terms:
Original jurisdiction of High Court.
In all matters—
(i.) Arising under any treaty:
(ii.) Affecting consuls or other representatives of…
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- Case
- [2023] NSWDC 262
- Decision Date
CaseChat Overview and Summary
The court considered the statutory framework, examining the provisions of the Personal Injury Commission Act 2020 (NSW) and the principles of judicial power under the Australian Constitution. It was necessary to ascertain whether the referral of the dispute to the Commission was within the court’s jurisdiction and if the plaintiff had fulfilled the legislative requirements for such a referral. The court also evaluated the implications of federal judicial power in the context of workers compensation matters and the interplay between state and federal legislative frameworks.
The Supreme Court concluded that the referral to the Personal Injury Commission was permissible under the statutory provisions and within the court's jurisdiction. It found that the plaintiff met the criteria stipulated in the Act for the referral of the dispute. Consequently, the court granted the plaintiff leave to commence proceedings in the Supreme Court, pursuant to section 26 of the Personal Injury Commission Act 2020 (NSW). The court also ordered that the costs of the motion be costs in the cause.
Orders
Orders of the court
(1) Leave is granted to the plaintiff to commence proceedings in this Court pursuant to s 26 of the Personal Injury Commission Act 2020 (NSW).
(2) Costs of the motion be costs in the cause.
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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