Recent Cases

Searle v McGregor [2022] NSWCA 213 (26 October 2022) (Bell CJ, Ward P and Kirk JA)


CONSTITUTIONAL LAW — Federal jurisdiction — Principle in Burns v Corbett — Inability of administrative tribunal to determine matters where judicial power being exercised — Taking administrative steps preliminary to exercising judicial power

PERSONAL INJURY CLAIMS — Statutory interpretation — Section 26 of the Personal Injury Commission Act 2020 (NSW) — Legislative response to Burns v Corbett — Meaning of “compensation matter application” — Compensation matter application refers to applications made in respect of a particular dispute or issue that has arisen in the course of dealing with a claim, not a generic reference — No specific application requiring determination was presented in this case