Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Heffernan [2011] FCAFC 131 Citation: Comcare v Heffernan [2011] FCAFC 131
Appeal from: Heffernan v Comcare [2010] AATA 824
Parties: COMCARE v DANIEL HEFFERNAN
File number: NSD 1608 of 2010
Judges: MARSHALL, downes AND BROMBERG JJ
Date of judgment: 27 October 2011
Catchwords: WORKERS' COMPENSATION – weekly compensation – calculation – meaning of 'normal weekly hours' – statutory definition – no contrary intention – 'normal weekly hours' refers to hours worked before injury
Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 8, 9, 19. NSW Workers Compensation Act 1926 - 1947
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (2009) 239 CLR 27 Bramwell and Repatriation Commission (1998) 51 ALD 56 Comcare Australia v Pires (2005) 143 FCR 104 Deputy Commissioner of Taxation (NSW) v Mutton (1987) 79 ALR 509 Roberts v Repatriation Commission (1992) 29 ALD 442 Telstra Corp v Mahon [2004] FCA 1404 Telstra Corporation Ltd v Peisley (2006) 151 FCR 275 Theo v Secretary, Department of Families, Community Services and Indigenous Affairs [2007] FCAFC 72 Re Jebb and Repatriation Commission (2005) 86 ALD 182 Slazengers (Australia) Pty. Limited v Burnett [1951] AC 13
Date of hearing: 23 August 2011
Date of last submissions: 8 September 2011
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