Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dunstan v Comcare [2011] FCAFC 108 Citation: Dunstan v Comcare [2011] FCAFC 108
Appeal from: Colin Dunstan and Comcare [2010] AATA 449
Parties: COLIN GEORGE DUNSTAN v COMCARE
File number: ACD 28 of 2010
Judges: GRAY, COWDROY, REEVES JJ
Date of judgment: 24 August 2011
Catchwords: WORKERS' COMPENSATION – depressive illness – arising from sexual relationship with co-employee – whether contributed to in a material degree by employment – Administrative Appeals Tribunal found that employment merely part of the setting – whether Tribunal applied correct test – whether Tribunal erred in law in finding that illness during one period was the result of the applicant's failure to obtain a transfer – whether Tribunal should have considered claim in respect of periods after applicant's return to work in December 1996
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 20B, 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5, 19, 23(2), 54 Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (Cth)
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 75 ALD 630 Colin Dunstan and Comcare [2010] AATA 449 Colin George Dunstan and Comcare Compensation [1996] AATA 213 Comcare v Canute (2005) 148 FCR 232 Comcare v Sahu-Khan (2007) 156 FCR 536 Commissioner of Taxation v Service (1999) 42 ATR 725 Dunstan and Comcare (2008) 106 ALD 206 Dunstan v Comcare (2006) 93 ALD 390 Federal Broom Company Pty Limited v Semlitch (1964) 110 CLR 626 Industry Research and Development Board v IMT Ltd [2001] FCA 85 Kowalski v The Military Rehabilitation and Compensation Commission (2011) 191 FCR 345 Minister for Immigration and Multicultural Affairs v Wang (2003) 215 CLR 518 Northern NSW FM Pty Ltd v Australian Broadcasting Tribunal (1990) 26 FCR 39 Treloar v Australian Telecommunications Commission (1990) 26 FCR 316 Westgate v Australian Telecommunications Commission (1987) 17 FCR 235 White v Repatriation Commission (1995) 39 ALD 42 Wiegand v Comcare Australia (2002) 72 ALD 795
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