INDUSTRIAL COURT OF QUEENSLAND
| CITATION: | Stratford North Pty Ltd v Workers' Compensation Regulator & Ors [2025] ICQ 004 | |
PARTIES: | Stratford North Pty Ltd v Workers' Compensation Regulator and Jared Ross Dinning | |
CASE NO.: | C/2024/2 | |
PROCEEDING: | Appeal against decision of the Queensland Industrial Relations Commission | |
DELIVERED ON: | 21 March 2025 | |
HEARING DATES: | 1 May 2024 | |
MEMBER: HEARD AT: | O'Connor VP Brisbane | |
| ORDERS: | 1. The appeal is dismissed. | |
| CATCHWORDS: | WORKERS' COMPENSATION - ENTITLEMENT TO COMPENSATION - APPEAL TO INDUSTRIAL COURT - where appellant employed as a truck driver - where appellant injured during employment - whether the appellant's employment connected with Queensland for the purpose of s 113 of the Workers' Compensation and Rehabilitation Act 2003 (Qld) (WCR Act) - whether appellant ''usually works" in Queensland - whether appellant is ''usually based'' in Queensland - where appellant appealed to the Queensland Industrial Relations Commission(QIRC) - where appeal dismissed - where appellant appealed decision of QIRC to the Industrial Court of Queensland pursuant to s 557 of the Industrial Relations Act 2016 - whether appeal filed out of time - where appeal against a decision made under the WCR Act is limited to errors of law or excess or want of jurisdiction - whether errors of law by commissioner identified in applying s 113 of the WCR Act - whether findings by commissioner supported by the evidence | |
| LEGISLATION: | Acts Interpretation Act 1954 (Qld), s 38 | |
CASES: | Abbott v Blackwood [2014] ICQ 031 Avon Products Pty Ltd v Falls [2010] ACTCA 21; 5 ACTLR 34 A1 Rubber (Aust) Pty ltd v Chapman (Office of Industrial Relations) [2019] ICQ 16 Briginshaw v Briginshaw (1938) 60 CLR 336 Cameron v Q-Comp [2011] ICQ 27 Chapman v State of Queensland [2003] QCA 172 Coulton v Holcombe [1986] HCA 33 Covill v WorkCover Queensland [2022] QSC 171 Davidson v Blackwood [2014] ICQ 8 Davis v Blackwood [2014] ICQ 9 Ferguson v WorkCover Queensland [2013] QSC 78. Fox v Percy (2003) 214 CLR 118 Irving v Blackwood [2014] ICQ 030 Jones v Dunkel (1959) 101 CLR 298 Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369 Martin v R G Hibbens Pty Ltd [2010] NSWWCCPD 83 Mater Misericordiae Health Service Brisbane Ltd v Q-Comp (2005) QGIG 144 Michael Hanns v Greyhound Pioneer Australia Limited [2006] ACTSC 5. Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Neophytos Foundadjis v Collin Bailey [2007] ICQ 10 Robert Bax & Associates v Cavenham Pty Ltd [2012] QCA 177 Stead v State Government Insurance Commission (1986) 161 CLR 141 Stratford North Pty td v Workers' Compensation Regulator & Ors [2023] QIRC 359. Sydneywide Distributors Pty Ltd v Red Bull Australia Pty Ltd (2002) 55 IPR 354 Tamboritha Consultants Pty Ltd v Knight [1] [2008] WADC 78 | |
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- Case
- [2025] ICQ 4
- Decision Date
CaseChat Overview and Summary
The court examined the statutory criteria outlined in s 113 of the WCR Act, focusing on whether Mr Dinning's employment with the appellant was connected to Queensland, as required for compensation to be payable. The court considered Mr Dinning's work history with the appellant and the intentions of both parties. Mr Dinning initially worked on a specific job transporting huts from Queensland to the Northern Territory, but due to COVID-19 border restrictions, his role changed to driving the truck to the Queensland border. The court found that despite the change in duties, Mr Dinning was usually based in Queensland for the purposes of his employment. This conclusion was based on the evidence that he spent a significant portion of his employment in Queensland and that his role, while changed, was still connected to Queensland. The court also noted that the findings of the QIRC were supported by the evidence.
The Industrial Court of Queensland dismissed the appeal, finding that the QIRC's decision was supported by the evidence and correctly applied the relevant statutory provisions. The court held that Mr Dinning's employment was connected with Queensland under s 113(3)(b) of the WCR Act, as he was usually based in Queensland for the purposes of his employment with the appellant. Therefore, the decision of the QIRC was upheld, and the appeal was dismissed.
Orders
Orders of the court
1. The appeal is dismissed.
Background
Background to the litigation
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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