Bowles v Department of Justice

[2005] WASCA 28

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Appeal to Compensation Magistrate's Court
3. › Scope of appeal
4. › Whether Compensation Magistrate limited to grounds of appeal nominated
5. › Whether s 116 permits determination of issues not raised in grounds of appeal
6. › Workers' Compensation and Rehabilitation Act 1981 (WA), ss 84ZN, 115, 116
1. Administrative Law
2. › Natural Justice
3. › Procedural fairness
4. › Right to notice of case to be met
5. › Whether statutory provision ousts rules of natural justice
6. › Whether clear manifestation or plain words required
7. › Workers' Compensation and Rehabilitation Act 1981 (WA), s 116
1. Administrative Law
2. › Reasons for Decision
3. › Adequacy of reasons
4. › Duty to state reasons where conflicting evidence of significant nature
5. › Whether inadequacy gives rise to miscarriage of justice
1. Practice and Procedure
2. › Appeals
3. › Issues on appeal
4. › Whether issue substantially joined or litigated notwithstanding absence of formal ground of appeal
5. › Whether issue emerged during hearing

Quick Take

Section 116 of the Workers' Compensation and Rehabilitation Act 1981 (WA), which directs the Compensation Magistrate's Court to act according to equity, good conscience and the substantial merits, does not authorise the Court to determine issues not raised in the grounds of appeal and not substantially joined or litigated by the parties. The rules of natural justice, including the right to notice of the case to be met, apply in full to appeals under s 84ZN.