Full Court Minute Books

Case A5/2011

Peter Nicholas Moloney t/a Moloney & Partners v. Workers Compensation Tribunal and Anor

Case No.

A5/2011

Case Information

Lower Court Judgment

2/08/2010 Supreme Court of South Australia(Doyle CJ, Anderson J, Layton J)

[2010] SASCFC 17

Catchwords

Statutes — Subordinate legislation — Validity — Where Workers Rehabilitation Compensation Act 1986 (SA) ("the Act") s 88E(1)(f)  authorised President of Workers Compensation Tribunal to make Rules regulating "costs" — Where s 88G of the Act regulated recovery of costs by worker's representative — Where Workers Compensation Tribunal Rules 2009 r 31(2) restricted recovery of costs by worker's representative — Whether "costs" in s 88E(1)(f) of the Act includes solicitor-client costs or only party-party costs —Whether power conferred by s 88E(1)(f) limited by s 88G of the Act — Whether s 88G invalidates r 31(2) — Workers Rehabilitation Compensation Act 1986 (SA) ss 88E(1)(f), 88G — Workers Compensation Tribunal Rules 2009 r 31(2).

Short Particulars

Documents

11/02/2011 Hearing (SLA, Canberra v/l Adelaide)

24/02/2011 Notice of appeal

11/03/2011 Written submissions (Appellant)

11/03/2011 Chronology (Appellant)

05/04/2011 Written submissions (Second Respondent)

13/04/2011 Reply

28/09/2011 Hearing (Full Court, Adelaide)