McGaw v Lowrie [2002] NSWCC 3

McGaw v Lowrie [2002] NSWCC 3

The application for determination filed by the worker's solicitor without authority from the employer is contrary to the Workers Compensation Act 1987, and agreement between parties prior to 9 am on 27 November 2001 does not satisfy the statutory requirement for a pending application. Accordingly, the application for determination is dismissed.

Jurisdiction
Australia
Judgment Date
30 January 2002
Procedural Posture
Proceedings to Obtain Compensation Commutations / Application for Determination
Outcome
Application for determination dismissed
Legal Topics
['commutation of Liability' 'filing of Applications' 'authority to Commence Proceedings']
['workers Compensation'] ['commutation of Liability' 'filing of Applications' 'authority to Commence Proceedings']

Case Brief

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Procedural Posture

Proceedings to Obtain Compensation Commutations / Application for Determination

Legal Issues

  1. 1 ["Whether a worker or worker's solicitor may validly file an application for commutation under the Workers Compensation Act 1987" 'Whether agreement reached prior to 9 am on 27 November 2001 satisfies the requirement for a pending application']

Ratio Decidendi

The application for determination filed by the worker's solicitor without authority from the employer is contrary to the Workers Compensation Act 1987, and agreement between parties prior to 9 am on 27 November 2001 does not satisfy the statutory requirement for a pending application. Accordingly, the application for determination is dismissed.

Court Disposition

Application for determination dismissed

Orders

  • ["The employer is to pay the worker's costs incurred since 14 December 2001."]