Late Notice Not Properly Dispute

In Fairfield City Council v Arduca [2015] NSW CA 166 the Court of Appeal refused to grant leave to appeal from a determination of DP O’Grady that an issue as to late notice of claim had not been properly raised in a Dispute Notice.

A letter from the employer’s solicitor stating that the worker “has not given notice of injury nor claimed compensation benefits in accordance with the requirements and the time limits imposed by the legislation” was deemed insufficient.

The Court agreed with DP O’Grady’s statement that “compliance with Section 74 requires more than a mere recitation of a section or sections of the Acts”, and also agreed that a notice should not be in “boilerplate form” and should specifically flag the issues on which the employer sought to rely.  The Court agreed that a “catch all” phrase did not meet these requirements.

The Court also found that the Notice was deficient because it did not properly identify the injury which was the subject of late notification.