Searle v McGregor

(2022) 405 ALR 556; [2022] NSWCA 213

NSW Court of Appeal

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Interrogate

Catchwords

1. Constitutional Law (Cth)
2. › Federal jurisdiction
3. › Principle in [name withheld] v [name withheld]
4. › Inability of State administrative tribunal to exercise judicial power in federal jurisdiction matters
5. › Whether [name withheld] v [name withheld] prohibits State tribunals from taking administrative steps not involving judicial power
6. › Constitution, Ch III, ss 75, 76
1. Personal Injury Claims
2. › Statutory interpretation
3. › Personal Injury Commission Act 2020 (NSW), s 26
4. › Legislative response to [name withheld] v [name withheld]
5. › Meaning of 'compensation matter application'
6. › Whether reference to 'application' means specific dispute or issue or generic claim
7. › Whether statutory criteria for leave to proceed in District Court were satisfied
8. › Personal Injury Commission Act 2020 (NSW), ss 25, 26, 27

Quick Take

Section 26 of the PIC Act requires a specific application relating to a particular dispute or issue requiring determination, completed in the form and manner required by the relevant statutory scheme; a generic attempt to 'park' a claim in the District Court will not satisfy the statutory criteria.