In the case of Cagney v D&J Building Contractors Pty Ltd (No 2) [2024] QDC 171, the District Court of Queensland dealt with the legal question of whether Scott Anthony Cagney qualified as a "worker" under the Workers Compensation and Rehabilitation Act 2003 (Qld). The issue was pivotal, impacting the applicability of the Act’s cost provisions. Cagney's claim was dismissed as he failed to establish his status as a "worker" pursuant to the Act, which in turn meant that the Act did not govern the proceedings. Consequently, as mandated by section 316 of the Act, the court ordered Cagney to pay the insurer's costs from July 28, 2021. Cagney's submissions objecting to the procedural conduct and representation by the defendant’s legal team, primarily based on the applicability of the Act, were rejected. The court determined that the Workers Compensation and Rehabilitation Act still applied, influencing the defendant’s right to legal representation and cost recovery.
Full text: https://www.sclqld.org.au/caselaw/149720