In this episode of P.I. Case Note, personal injury lawyer Michelle Wright examines the Queensland Industrial Relations Commission’s decision in Kelly v Workers’ Compensation Regulator [2025] QIRC 258, which demonstrates how a workers’ compensation appeal dismissed non-compliance can result from repeated failures to engage with the court process. The case involved Mr. Kelly, an employer who lodged two appeals against decisions favouring his employee, Mr Frelich, but who went completely silent after April 2025—failing to provide documents, failing to respond to enquiries from the Regulator’s solicitors and the Commission, and failing to attend a scheduled mention hearing.
The Commission’s comprehensive analysis reveals the judicial approach to a workers’ compensation appeal dismissed non-compliance under Rule 45 of the Industrial Relations (Tribunal) Rules 2011 (Qld). The Commission noted that Mr Kelly had provided no list of documents, no statement of facts and contentions, and no list of witnesses in either appeal—effectively doing nothing to advance either matter since lodgement. Applying Federal Court precedent, the Commission found two grounds satisfied: Mr Kelly’s history of non-compliance indicated unwillingness to cooperate with the court, and his continuing non-compliance was occasioning unnecessary delay, expense, and prejudice to the Regulator. Critically, the Commission noted that Mr Frelich was unable to proceed with common law claims for his injuries until the appeal process concluded, making the delay particularly prejudicial. While acknowledging Mr Kelly was self-represented, the Commission emphasised this “is a misfortune which should be met with necessary procedural assistance, but it is not a privilege entitling a self-represented litigant to special consideration at the expense of other parties.” The decision reflects the modern judicial approach that courts are public resources requiring efficient use, and parties cannot conduct litigation “at will” with a laissez-faire attitude.
Listen for Michelle Wright’s detailed analysis of this decision and the serious consequences of non-compliance with court directions. If you’re pursuing or defending a workers’ compensation appeal, don’t risk having your workers’ compensation appeal dismissed for non-compliance with court orders. The experienced team at accident legal understands the strict procedural requirements and timelines that govern QIRC proceedings. As Queensland’s trusted personal injury lawyers, we ensure all directions are complied with, all documents are filed on time, and all court appearances are attended—protecting your appeal from dismissal for procedural failures. Contact us for a free consultation on (07) 3740 0200—we’ll manage every procedural aspect of your appeal while you focus on your recovery or business.