Re Monger; Ex Parte Tnt Australia Pty Ltd

[2002] WASCA 223

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Workers' Compensation
2. › Election to retain right to common law damages
3. › Time limit for election
4. › Whether election made out of time was valid
5. › Whether seven-day period ran from date of agreement or date of recording
6. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 93C, 93D, 93E
1. Statutory Interpretation
2. › Time limits in statutory schemes
3. › Whether non-compliance with time limit invalidates act
4. › Whether time limit is condition of validity or merely procedural
5. › Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 applied
6. › Workers' Compensation and Rehabilitation Act 1981 (WA), s 93E(5), (6)
1. Administrative Law
2. › Prerogative writs
3. › Certiorari and mandamus
4. › Decision of statutory officer to register election out of time
5. › Whether consent of parties could validate act beyond statutory authority

Quick Take

The seven-day period for making an election to retain common law damages rights under s 93E(6) of the Workers' Compensation and Rehabilitation Act 1981 (WA) runs from the date the agreement resolving the dispute is made, not from the date the agreement is lodged or recorded with the Director. An election made outside this period is invalid and cannot be saved by the consent of the employer or insurer, or by the Director's administrative act of registration. The question whether a solicitor's signature on a Form 25 satisfies the 'prescribed manner' requirement was left open.