28 Oct 2011
Because the review hearing proceeded without the appellant and an adjournment request was not considered, procedural unfairness justified quashing the review decision and remitting the matter for a fresh review hearing under s161(2)(c) of the Accident Compensation Act 2001.
26 Mar 2008
The appeal is dismissed because the claim as pleaded and prosecuted was for a gradual process injury under s30 and that claim fails on the medical evidence; however, the respondent will reassess entitlement on the basis that the May 2003 incident may constitute a covered accident-related personal injury.
12 May 2003
Because the parties agreed there was doubt as to compliance with the time limit in s 368(5) and consented to the proposed outcome, the appropriate disposition was to allow the appeal by consent and refer the file back to the Reviewer to consider the substantive issue.
23 Jun 2000
By consent, the Court revoked the Review Officer's decision dated 10 August 1999 and remitted the file to the Review Officer for a further review hearing conducted with full opportunity to produce evidence and cross-examine witnesses, emphasising that the hearing must be fair and comply with natural justice; each party to bear its own costs.
16 Dec 1996
Because a breach of natural justice was found requiring a new review hearing, it was appropriate to fix costs now for the appellant's filing of the appeal and submissions; any costs on a subsequent appeal can be determined later.