Recent Cases

Queanbeyan Racing Club Ltd v Burton [2021] NSWCA 304 (10 December 2021) (Basten, Leeming and McCallum JJA)


ADMINISTRATIVE LAW – judicial review – jurisdictional error – extent of functions and powers of tribunal – Workers Compensation Commission medical appeal panel – procedural unfairness –scope of procedural fairness determined by reference to statutory scheme – no opportunity given to address panel on definition of medical condition – medical experts’ function is to form opinion as to medical condition

WORKERS COMPENSATION – medical dispute –appeal from certificate of assessor – scope of functions and powers of appeal panel – panel restricted to determining whether error in applicant’s grounds of appeal – decision to issue new certificate – no expansion of panel’s functions