Appeal against decision of Commission as to matter of law
125 Appeal against decision of Commission as to matter of law
This clause applies to a party to an application for an assessment of costs who is dissatisfied with a decision of the Commission (the first instance Commission) as to a matter of law arising in the proceedings to determine the application.
A party to whom this clause applies may, in accordance with the Commission rules, appeal to the Commission against the decision (the appellate Commission).
The appeal is to be—
in the form approved by the President, and
accompanied by the fee approved by the President from time to time.
After deciding the question that is the subject of the appeal, the appellate Commission may, unless it affirms the first instance Commission’s decision—
make a determination in relation to the application that, in its opinion, should have been made by the first instance Commission, or
remit its decision on the question to the first instance Commission and order the first instance Commission to re-determine the application.
On a re-determination of an application, fresh evidence, or evidence in addition to or in substitution for the evidence received at the original proceedings, may be given.
In proceedings to determine an application for the assessment of costs under Schedule 6, subclause (2) only applies to a decision of the first instance Commission that is made in, or in connection with, the referral of a dispute to the President under clause 88(3).
Note—
Schedule 3, clause 5 of the Personal Injury Commission Act 2020 requires the Commission to be constituted by—
when dealing with the assessment of costs under this Regulation—1 non-presidential member of the Workers Compensation Division of the Commission, and
when dealing with an appeal against an assessment—1 presidential member of the Workers Compensation Division.
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