› whether Work Health Court has jurisdiction to hear an application for relief to obtain the benefit of a statutory indemnity
› whether principal contractor entitled to indemnity from subcontractor
› construction of statute when determining whether court has jurisdiction
› held, Work Health Court has jurisdiction to determine whether principal contractor has the benefit of the statutory indemnity.
Local Court (Civil Procedure) Act 1989 (NT)
Local Court Act 2015 (NT)
Motor Accidents (Compensation) Act 1979 (NT)
Quick Take
1The Work Health Court's jurisdiction under s 14(a)(ii) of the Work Health Administration Act 2011 (NT), read with s 104(1) of the Return to Work Act 2018 (NT), extends to proceedings for an order or ruling on a statutory indemnity claim under s 127, as such a claim is a matter incidental to or arising out of a claim for compensation under Part 5, even though the worker is no longer a party to the proceedings.
2Provisions conferring jurisdiction on a specialist court should not be restricted or limited by implication; restrictions must be expressed clearly by the statute before they can limit jurisdiction. The existence of express conferrals of jurisdiction for some types of proceedings does not mean by implication that other forms of relief are excluded.
3The fact that a statutory indemnity provision (s 127) appears in Part 7 of the Return to Work Act rather than Part 5 does not place it beyond the Work Health Court's jurisdiction, where the substance of the indemnity claim is inextricably connected to a claim for compensation and the right and remedy are inseparable parts of the statutory scheme.
