Liebherr-Australia Pty Ltd v Bloomfield

[2006] WASCA 128

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Common law proceedings
3. › Leave to commence proceedings
4. › Costs order made on dismissal of application
5. › Whether costs order invalidated by subsequent legislative change
6. › Workers' Compensation (Common Law Proceedings) Act 2004 (WA), s 7
1. Practice and Procedure
2. › Registrars
3. › Delegated jurisdiction
4. › Orders of Registrar
5. › Whether order remains in force pending de novo appeal
6. › District Court Rules 1996 (WA), O 6 r 11
1. Statutory Interpretation
2. › Retrospectivity
3. › Whether statutory nullification of pending appeal retrospectively invalidates prior determined orders
4. › Workers' Compensation (Common Law Proceedings) Act 2004 (WA), s 7(3)
1. Practice and Procedure
2. › Appeals
3. › Appeal de novo from Registrar to Judge
4. › Nature of de novo appeal
5. › Whether appeal constitutes continuation of original application or separate proceeding
6. › District Court Rules 1996 (WA), O 6 r 11

Quick Take

A Registrar's order made under delegated jurisdiction remains in full force and effect notwithstanding the institution of a de novo appeal; the appeal does not suspend or nullify the order. Section 7(3) of the Workers' Compensation (Common Law Proceedings) Act 2004 (WA) operates prospectively from the commencement date and does not retrospectively invalidate orders already determined before that date, including costs orders. Whether interim costs orders in proceedings that become nullities are recoverable under s 7(4) was left open.