Wade v Comcare [2002] FCAFC 289

FEDERAL COURT OF AUSTRALIA

Wade v Comcare [2002] FCAFC 289

ADMINISTRATIVE LAW – review of decision of tribunal –whether primary judge erred in finding the fact that no causal link existed between injuries claimed and accident – natural justice - whether appellant was denied natural justice where witnesses not called – whether tribunal prevented party from calling witness – within reasonable limits it is for the parties not the tribunal to determine whether a witness is called – not a denial of natural justice where witness is unlikely to assist the tribunal – "Wednesbury Unreasonableness" – whether it was open to the tribunal to prefer expert evidence to lay evidence – bias – apprehension of bias – whether a fair minded observer would have apprehended the possibility of bias – whether circumstances arose such that a fair-minded bystander would form an apprehension of bias against a party SOCIAL SECURITY – claim for workers' compensation – whether medical condition suffered attributable to employment Commonwealth Employees' Compensation Act 1930 (Cth) Webb v The Queen (1993-1994) 181 CLR 41 applied Johnson v Johnson (2000) 201 CLR 488 considered Vakauta v Kelly (1988) 13 NSWLR 502 considered Vakauta v Kelly (1989) 167 CLR 568 considered JEFFREY KENNETH WADE v COMCARE Q 45 OF 2002 DRUMMOND, SACKVILLE & DOWSETT JJ 16 SEPTEMBER 2002 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 45 OF 2002

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: JEFFREY KENNETH WADE

APPELLANT

AND: COMCARE

RESPONDENT

JUDGES: DRUMMOND, SACKVILLE & DOWSETT JJ

DATE OF ORDER: 16 SEPTEMBER 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.