In 2001, a fatal accident occurred on a rural property owned by Graeme Kirk, involving an employee who was operating a Polaris ATV.

The Commission dismissed the appeal, and Kirk subsequently sought judicial review in the Supreme Court of New South Wales.

[3] French CJ, Gummow, Hayne, Crennan, Kiefel, and Bell JJ, at [100]It also found that Walton J of the Industrial Court had made a jurisdictional error in their original decision, and so had wrongly convicted Kirk and his company.

The case has elaborated upon the extent to which State Courts can exercise judicial review of administrative decisions and has provided greater certainty about the scope of jurisdictional error.

[5] The decision has reinforced the role of Australia's State Supreme Courts in ensuring that administrative decision-makers act within the limits of their legal authority.