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Section 74 notice

Hobden v South East Illawarra AHS [2010] NSWWCCPD 13. Keating P.

Keating P slated antecedent process.

At [139], his Honour said: “The s 74 notice issued by the employer was defective and is unacceptable. The broad-brush assertion that the employer ‘acted reasonably in their actions’ does not comply with the requirements of s 74. It does not properly identify the action or actions the employer relied upon as having been the whole or predominant cause of the psychological injury. That is not sufficient,” noting RTA v Gentle [2009] NSWWCCPD 111 and Gray v Busways Gosford &c [2009] NSWWCCPD 124.

And [140], “If an insurer or employer disputes liability in respect of a claim, or any aspect of a claim, it is required to give the claimant proper notice of the dispute.

"A s 74 notice must be in plain language and clearly and succinctly state the reasons the insurer disputes liability and the issues relevant to the dispute."

To remainder of Hobden summary>>

Department of Corrective Services v Bowditch [2007] NSWWCCPD 244. Roche DP.

33. The term 'notice of dispute' is not defined in either the 1987 Act or the 1998 Act but it seems reasonable to conclude that it refers to a notice issued under either section 74 of the 1998 Act or section 54 of the 1987 Act.

"This is consistent with the definition of 'dispute notice' in clause 2 of Schedule 6 of the 2003 Regulation, which deals with costs.

"The word 'dispute' is defined in section 76 of the 1998 Act to mean (for the purposes of Division 3) 'a dispute in connection with a claim for compensation between a person who makes a claim and the person or insurer on whom the claim is made'.

"In my view the letter of 13 December 2006 was a 'notice of dispute' for the purposes of section 289A, though it did not strictly comply with clause 15.

"The question remains: what issues were notified in that letter as being in dispute?"


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