In this episode of P.I. Case Note, Michelle Wright examines the Queensland Industrial Relations Commission’s decision in Cheng v Workers’ Compensation Regulator [2025] QIRC 267, which provides additional guidance on the challenges facing lawyers in workers’ compensation appeal proceedings when you’re unrepresented. The case involved Miss Cheng, who appealed the Regulator’s decisions regarding whether she sustained an injury, whether it arose out of or in the course of employment, whether employment was a significant contributing factor, and whether her entitlements to weekly compensation and treatment had stopped—with the Regulator successfully obtaining leave to be legally represented under section 552B of the Workers’ Compensation and Rehabilitation Act 2003 (Qld).
The Commission’s decision reinforces the principles from Episode 52’s Erez v Workers’ Compensation Regulator case, confirming that facing lawyers in workers’ compensation appeal is increasingly the norm when complex factual and legal issues are involved. However, this decision adds important clarification about counsel’s obligations when appearing against unrepresented persons. The Commission emphasised that counsel’s duties to the court support the proposition that all parties—including the unrepresented applicant—would be assisted by the involvement of counsel. Specifically, the duty of counsel appearing against an unrepresented person is to assist the court to discharge its duties to an unrepresented litigant by drawing attention to matters that might reasonably bear upon the court’s decision which, in a case where all parties were represented, could be expected to be referred to by opposing practitioners. This expanded explanation provides some reassurance that procedural safeguards exist, though it doesn’t eliminate the significant practical disadvantage of being unrepresented.
Listen for Michelle Wright’s brief analysis of this decision on facing lawyers in workers’ compensation appeal and why legal representation matters. If you’re facing lawyers in workers’ compensation appeal proceedings and considering self-representation, the experienced team at Accident Legal understands the significant disadvantages you’ll face despite the theoretical protections of counsel’s duties to the court. As Queensland’s trusted personal injury lawyers, we know how to present complex evidence about injury causation, employment connections, and significant contributing factors in a way that maximises your chances of success. Contact us for a free consultation on 1800 942 853—don’t face legally represented government regulators alone when your compensation and financial security are at stake.