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ARTICLE · 01 DECEMBER 2013

The standard required of a written statement of reasons

Corrs Chambers Westgarth
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High Court recently considered the standard required of a written statement of reasons in making a statutory decision.

AustraliaLitigation, Mediation & Arbitration

The High Court of Australia recently considered the standard required of a written statement of reasons in making a statutory decision. While the facts of the case in Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43 were specific to the Victorian Accident Compensation Act, the High Court laid down some general principles that are useful for any decision-maker to know to ensure that their written statement of reasons meets the standard required by statute.

THE FACTS

In 1996, the first respondent, Kocak, suffered a neck injury during the course of his employment with the appellants, Wingfoot. In May 2009, after experiencing more significant symptoms to his neck than he had previously experienced, Kocak brought a claim for statutory compensation in respect of the injury under Pt IV of the Accident Compensation Act 1985 (Vic) (Act). Kocak's claim was unsuccessful.

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