James v Military Rehabilitation and Compensation Commission [2010] FCAFC 95

FEDERAL COURT OF AUSTRALIA

James v Military Rehabilitation and Compensation Commission [2010] FCAFC 95 Citation: James v Military Rehabilitation and Compensation Commission [2010] FCAFC 95

Appeal from: Justin James v Military Rehabilitation and Compensation Commission [2009] AATA 842

Parties: JUSTIN JAMES v MILITARY REHABILITATION AND COMPENSATION COMMISSION

File number: VID 847 of 2009

Judges: KEANE CJ, MIDDLETON AND GORDON JJ

Date of judgment: 28 July 2010

Catchwords: ADMINISTRATIVE LAW – judicial review – a guide authorised by the Military Rehabilitation and Compensation Act 2004 (Cth) to determine compensation payable to an injured person allowed payments awarded for previous injuries to be set off against payments for new injuries – whether this provision was within the scope of delegated legislative authority

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Military Rehabilitation and Compensation Act 2004 (Cth), ss 67, 68, 69, 74(2), 319 Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 (Cth), ss 13, 14 Safety, Rehabilitation and Compensation Act 1988 (Cth), s 24 Veterans' Entitlements Act 1986 (Cth)

Cases cited: Bruce v Cole (1998) 45 NSWLR 163 cited Fellowes v Military Rehabilitation and Compensation Commission (2009) 240 CLR 28 cited Lysons v Andrew Knowles & Sons Ltd [1901] AC 79 cited Minister for Resources v Dover Fisheries Pty Ltd (1993) 116 ALR 54 cited Nash v Sunshine Porcelain Potteries Ltd (1959) 101 CLR 353 cited South Australia v Tanner (1989) 166 CLR 161 cited