Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Clement v Comcare [2012] FCAFC 118 Citation: Clement v Comcare [2012] FCAFC 118
Appeal from: Clement v Comcare [2012] FCA 166
Parties: KRISTINE THERESE CLEMENT v COMCARE
File number: ACD 27 of 2012
Judges: BENNETT, LOGAN AND BARKER JJ
Date of judgment: 29 August 2012
Catchwords: APPEAL AND NEW TRIAL – appeal from dismissal of appeal from decision of Administrative Appeals Tribunal (AAT) – whether AAT correctly exercised jurisdiction – whether AAT denied appellant procedural fairness – whether primary judge erred in dismissal of interlocutory applications
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 44 and 45 Australian Capital Territory (Self Government) Act 1988 (Cth) s 23(1A) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 14, 37, 38, 57 and 64
Cases cited: Clement v Comcare [2007] FCA 2039 Clement v Comcare [2008] FCA 1779 Clement v Comcare [2008] FCA 1780 Clement v Comcare [2011] FCA 404 MIMA v Betkoshabeh (1999) 55 ALD 609 Telstra Corporation v Hannaford (2006) 151 FCR 253
Date of hearing: 13 August 2012
Place: Canberra
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 61
Counsel for the Appellant: The Appellant appeared in person
Counsel for the Respondent: Mr B Dubé
Solicitor for the Respondent: Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION ACD 27 of 2012
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