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[Extract from Queensland Government Industrial Gazette,

dated 9 January, 2009, Vol. 190, No. 1, pages 9-10]

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

Workers' Compensation and Rehabilitation Act 2003 - s. 550 - appeal to the commission

Andrew Gary Cuttler AND Q-COMP

(WC/2008/14)

DEPUTY PRESIDENT BLOOMFIELD / 19 December 2008

Appeal - repeated failure of Appellant to comply with directions - failure of Appellant to attend for hearing - Appeal dismissed with costs.

REPORT ON DECISION (as edited)

In giving his decision from the Bench on 4 August 2008, Deputy President Bloomfield stated:

"In cases like this the Commission is always loathe to take the harsh step of bringing an application to an end, particularly where someone is self-represented. However, the Commission also has a duty to act in the public interest and to take into account not only the interests of an appellant such as Mr Cuttler but also someone like Q-Comp which, in a sense, is guardian of the public purse. Money it expends in defending matters like this, in coming down to the Commission time and time again, is wasted money from the taxpayers' point of view.

It seems very clear to me that Mr Cuttler has been on notice for some considerable time as to what he was required to do. He has failed to comply with a number of directions issued by Vice President Linnane and he was given a warning that if he didn't comply with them again he risked having his appeal dismissed.

I can't be sure as to where the recent directions as to the conduct of this matter from the Registry have gone but I would be extremely surprised if in the knowledge that Mr Cutler hasn't been collecting material at his Post Office Box at Toowong, and in the knowledge that he has been sent material by Q-Comp to Lota, the Registry wouldn't have also sent material to Lota. However, in any event, it's still very clear that Q-Comp has sent all of the relevant material to Mr Cuttler at his address at Lota by service agent and the person who has accepted delivery of that material has identified himself as Mr Cuttler.

The material sent by Q-COMP puts Mr Cutler on notice that this hearing was set down for today, at this time. The material also puts him on notice that if he didn't contact Q-Comp and/or turn up at the appropriate time he ran the risk that his matter would be dismissed pursuant to section 331 of the Act.

In all of the circumstances, I propose to act pursuant to both parts of s. 331 of the Industrial Relations Act 1999 to dismiss the appeal on the basis that it seems a just and reasonable decision to bring this matter to an end given the Appellant's clear failure to comply with the directions, because of his non-appearance, and also because it doesn't seem to be appropriate to allow the matter to continue in the public interest.

The formal decision will be to dismiss the appeal by Mr Cuttler which was lodged with the Commission on 7 February 2008 and which has been given the number WC/2008/14. I also order that the appellant is to pay the respondent's costs to be agreed and, failing agreement, either party to have liberty to list the matter on three days notice in writing.

If at some stage in the future Mr Cuttler does turn up and wants to argue for his matter to be reopened, or in some other way progressed, that would be a matter for whoever hears any such application to consider on its merits. Undoubtedly at that time the issue of costs would also be able to be ventilated.".

The Commission determines and orders accordingly.

By the Commission,
[L.S.] G.D. SAVILL
Industrial Registrar.
Hearing Details:
2008 4 August / Appearances:
Mr S.A. McLeod (Counsel) directly instructed by the Respondent.
No appearance by Appellant.
Released: 19 December 2008

Government Printer, Queensland

ÓThe State of Queensland 2009.