Gillies v Dibbetts

[2000] QCA 156

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Service of process
3. › Service on statutory insurer
4. › Workers' compensation insurer
5. › Failure to serve amended plaint on Workers' Compensation Board
6. › Whether court empowered to renew process to allow service
7. › Workers' Compensation Act 1990 (Qld), s 185
1. Practice and Procedure
2. › Renewal of originating process
3. › Power to renew under Uniform Civil Procedure Rules
4. › Whether court may renew process for service on statutory insurer under r 367
5. › Relevant factors including prejudice to insurer
6. › Whether consecutive renewal orders may be made
7. › Uniform Civil Procedure Rules (Qld), rr 7, 24, 367, 371
1. Practice and Procedure
2. › Non-compliance with statutory requirements
3. › Whether court has power to excuse non-compliance with mandatory statutory service requirement
4. › Effect of non-compliance on subsequent steps
5. › Workers' Compensation Act 1990 (Qld), ss 185, 191

Quick Take

Under the UCPR, the court may use the broad power in r 367 to renew originating process for service on a statutory insurer such as WorkCover, applying the same considerations as under r 24. The court has no power to excuse non-compliance with the mandatory service requirements of s 185 of the Workers' Compensation Act 1990, and non-compliance renders subsequent steps nullities. Where an application for renewal is made after ineffective service, it should ordinarily be made on notice to the affected party.