Zhang v Universe Investments Pty Ltd t/as Kings Seafoods

In Zhang v Universe Investments Pty Ltd t/as Kings Seafoods, the parties involved were the deceased worker's dependants and the employer, Universe Investments Pty Ltd trading as Kings Seafoods. The dispute centred on the liability for payment of a lump sum death benefit and the apportionment and interest on the sums apportioned as per a Certificate of Determination dated 23 March 2021. The first respondent, the employer, sought reconsideration of the award of interest pursuant to section 350(3) of the 1998 Act.

The primary legal issues the court had to decide were the point at which the claims of the dependants were considered 'duly made' and the appropriate rate of interest to be awarded on the sums apportioned to those dependants. This involved a careful examination of the statutory provisions concerning workers' compensation and the interpretation of the relevant sections of the 1998 Act. The court also had to consider the implications of the employer's reconsideration application under section 350(3) of the 1998 Act, which allows for the reconsideration of certain orders made by the workers' compensation tribunal.

The court found that the claims of the dependants were indeed 'duly made' and determined the correct rate of interest to be applied. It concluded that the reconsideration of the award of interest was warranted and allowed the employer's application. Consequently, the orders for the payment of interest and the Certificate of Determination and Statement of Reasons were revoked, and new orders were made. The court confirmed the Certificate of Determination and Statement of Reasons, except for the aspects related to the interest rates and payment.