Scott Mcleod KC represented the respondent, instructed by Resources Safety and Health Queensland.
This case concerned an appeal of a decision by an Industrial Magistrate dismissing an application to strike out parts of the Respondent’s Statement of Contentions (‘the Appeal’). The Appellant argued that the Industrial Magistrate erred in not striking out these particulars as they went beyond the grounds stated in the notice of proposed action and the decision cancelling the Appellant’s certificate of competency. The Respondent filed an application seeking that the Appeal be dismissed for want of jurisdiction, submitting that the Appeal should have commenced in the District Court of Queensland in accordance with s 242 of the Coal Mining Safety and Health Act 1999 (Qld), rather than the Industrial Court of Queensland. The Respondent’s application was dismissed as there was no avenue of appeal from the interlocutory decision to the District Court.
The judgment can be read by clicking here
