Sullivan v Workers' Compensation Regulator
[2022] QIRC 461
•21 November 2022
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
| CITATION: | Sullivan v Workers' Compensation Regulator [2022] QIRC 461 |
PARTIES: | Sullivan, Michelle v Workers' Compensation Regulator |
CASE NO: | WC/2022/54 |
PROCEEDING: | Workers' Compensation Appeal |
DELIVERED EX TEMPORE ON: | 21 November 2022 |
MEMBER: | Dwyer IC |
| HEARD AT: | Brisbane |
ORDER: | 1. Pursuant to rule 45 of the Industrial Relations (Tribunals) Rules 2011 the appeal matter WC/2022/54 is dismissed. |
CATCHWORDS: | WORKERS' COMPENSATION – APPEAL- where the appellant failed to comply with direction to file statement of facts and contentions – where the appellant failed to comply with direction to attend a mention on 21 November 2022 - appeal dismissed |
| LEGISLATION: | Industrial Relations (Tribunals) Rules 2011 (Qld) r 45 Workers' Compensation and Rehabilitation Act 2003 (Qld) |
Reasons for Decision (ex tempore)
Background
Ms Michelle Sullivan ('Ms Sullivan') filed an appeal against the decision of Workers' Compensation Regulator on 30 March 2022.
Following the filing of this appeal, there was a conference held pursuant to section 552A of the Workers' Compensation and Rehabilitation Act 2003 (Qld) on 19 July 2022, during which the process of dealing with this appeal was discussed generally. Ms Sullivan was informed at that conference that directions would be issued requiring her to file a statement of facts and contentions and a list of stressors. The transcript of that conference reveals that a fulsome explanation of that process was given to her and that she understood the filing obligations that would be placed upon her.[1]
[1] T 1-2 l 37 – T 1-4 l 4.
Directions were issued on 19 July 2022, which relevantly required Ms Sullivan to file a statement of facts and contentions and list of stressors by 23 August 2022. At all times, communication in respect of the directions was by way of an email address, which had been confirmed with Ms Sullivan on 18 July by the Registry.
In or about mid-September 2022, the regulator advised the registry that Ms Sullivan had failed to comply with the direction to file her statement of facts and contentions and list of stressors. Consequently, the remaining directions that had been issued on 19 July 2022 were vacated and the matter was listed for mention on 21 November 2022. A listing notice for the mention was sent to Ms Sullivan via the same email address with which she had been communicating with the Registry throughout the course of this appeal.
At the commencement of the mention Ms Sullivan could not be raised on her nominated telephone number. Subsequently, my Associate attempted to contact Ms Sullivan without success. Despite three attempts to contact Ms Sullivan by telephone on her nominated number, she has failed to answer and participate in the mention.
Failure to comply with Directions
Rule 45 of the Industrial Relations (Tribunals) Rules 2011 (Qld) ('the Rules) provides that the Commission may dismiss proceedings where a party fails to comply with a directions order.
Relevantly, rule 45 provides:
(1)This rule applies if—
(a) a party to a proceeding receives notice of a directions order made by the court, commission or registrar stating a time, date and place for a hearing or conference for the proceeding; and
(b) the party fails to attend the hearing or conference.
(2)This rule also applies if—
(a) a party to a proceeding receives notice of a directions order made by the court, commission or registrar; and
(b) the party fails to comply with the order.
(3)The court, commission or registrar may—
(a) dismiss the proceeding; or
(b) make a further directions order; or
(c) make another order dealing with the proceeding that the court, commission or registrar considers appropriate, including, for example, a final order; or
(d) make orders under paragraphs (b) and (c).
In the circumstances, I am satisfied that Ms Sullivan has failed to comply with the direction to file a statement of facts and contentions and list of stressors by 23 August 2022. I am further satisfied that Ms Sullivan has failed to comply with the direction to attend a mention today. I am also satisfied that in respect of these two failings by Ms Sullivan, she is unlikely to have a reasonable excuse.
In all of the circumstances, I propose to exercise my discretion pursuant to Rule 45 of the Rules and dismiss this appeal.
Order
In the circumstances I make the following order:
1.Pursuant to rule 45 of the Industrial Relations (Tribunals) Rules 2011 the appeal in matter WC/2022/54 is dismissed.
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