Armet v Stephen Browne

[2024] WASCA 44

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Tort
2. › Negligence
3. › Solicitor's negligence
4. › Workers' compensation
5. › Election to retain right to common law damages
6. › Whether application to extend time within which to make election made prematurely
7. › Whether referral to particular approved medical specialist was appropriate
8. › Delay in advice regarding extension of deadline to make election
9. › Consequential compression of time to elect
10. › Whether delay causative of appellant's failure to elect on time
11. › Workers' Compensation and Injury Management Act 1981 (WA), ss 93B, 93K, 93L, 93M
1. Appeal
2. › Alleged denial of procedural fairness by trial judge against self-represented litigant
3. › Alleged actual or reasonable apprehension of bias on behalf of decision-maker
4. › Alleged error in finding solicitor respondent was a reliable and credible witness
5. › Turns on own facts

Quick Take

An extension to a termination day under the Workers' Compensation and Injury Management Act 1981 (WA) that is not timely notified may constitute a breach of duty even if causation is not established.