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

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