Haroun v Rail Corporation New South Wales & Ors NSWCA 192. Handley AJA, McColl JA & McDougall J agreeing.18.08.08.
"If there is a medical dispute of a kind defined in s 326(1) of the 1998 Act, an arbitrator has no jurisdiction to decide it, but may refer it for assessment by an AMS: s 321(1). That section confers a power which an arbitrator is bound to exercise in a proper case in aid of the private rights of the parties: Julius v Lord Bishop of Oxford (1885) App Cas 214, 235, 243, 244," Handley AJA said .
"Since the arbitrator had no jurisdiction to decide the medical dispute he, referred had no jurisdiction to make findings which were binding on the AMS or the appeal panel. The finding of a person without jurisdiction cannot bind the person or persons with jurisdiction, and cannot even be persuasive."