Venture Campbellfield v Kemal Isitman

Venture Campbellfield sought judicial review of a decision by a Medical Panel which had been established under the Accident Compensation Act 1985. Kemal Isitman had sustained a work-related injury and was receiving compensation. The Panel's decision was to reduce the compensation payable to Isitman. Venture Campbellfield sought to overturn the decision on the basis that the Panel had breached the principles of natural justice by considering material beyond the agreed facts. The dispute came before the Supreme Court of Victoria.
The court was required to determine whether the Panel had breached the rules of natural justice. Specifically, it was necessary to consider whether the Panel had considered material that was not within the agreed facts in the joint statement of the parties. The court was also required to decide whether the Panel's failure to adhere to procedural fairness principles rendered its decision unlawful.

The court found that the Panel had indeed considered material beyond the agreed facts. This was established by evidence of the Panel's consideration of a medical report that was not included in the joint statement. The court held that this constituted a breach of procedural fairness, as the Panel had not afforded Venture Campbellfield the opportunity to respond to this material. The court further found that the Panel's failure to adhere to procedural fairness principles rendered its decision unlawful and therefore quashed the decision. The matter was remitted back to the Panel for reconsideration in accordance with the principles of natural justice.

The court ordered that the decision of the Medical Panel be quashed and the matter be remitted for reconsideration. The court also ordered that Venture Campbellfield recover its costs of the application.