Barkla v Allianz Insurance

[2013] WASCA 21

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Appeal
2. › Extension of time
3. › Application for extension of time to appeal
4. › No reasonable prospect of success
5. › Whether appeal futile where underlying dispute resolved
6. › District Court of Western Australia Act 1969 (WA), s 79(1)
1. Workers' Compensation
2. › Claims procedure
3. › Insurer's notice obligations
4. › Whether insurer required to issue Form 3B after issuing Form 3C
5. › Statutory construction of notification provisions
6. › Workers' Compensation and Injury Management Act 1981 (WA), s 57A
1. Statutory Interpretation
2. › Natural and ordinary meaning
3. › Whether obligation to be implied into statutory scheme
4. › Whether implied obligation consistent with express provisions

Quick Take

An insurer who has issued a Form 3C notice under s 57A(3)(c) of the Workers' Compensation and Injury Management Act 1981 (WA) is not obliged to subsequently issue a Form 3B notice if it wishes to dispute liability; s 57A(3a) expressly governs what occurs after a Form 3C is issued. An appeal that has no reasonable prospect of success will not be granted an extension of time, and an appeal is futile where the underlying dispute has been resolved.