Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZABO v COMCARE [2012] FCAFC 129 Citation: Szabo v Comcare [2012] FCAFC 129
Appeal from: Szabo v Comcare [2012] FCA 28
Parties: LAZLO SZABO v COMCARE
File number: NSD 259 of 2012
Judges: EMMETT, BENNETT AND GREENWOOD JJ
Date of judgment: 7 September 2012
Catchwords ADMINISTRATIVE LAW – appeal from dismissal of appeal from decision of the Administrative Appeals Tribunal – Tribunal decision that applicant not entitled to compensation under ss 16 and 29 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether Tribunal erred in law in determining that it had no jurisdiction to consider a nature and conditions claim - whether Tribunal had properly construed claim - whether claim was for an injury on a specific date or whether claim was a "nature and conditions" claim – relevance of previous and subsequent events to construction of claim - whether there had been a denial of procedural fairness
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4(1), 7(4), 14(1), 16, 19, 24, 27, 29, 53, 54, 60(1), 61, 62(2), 63, 69, 72
Cases cited: Abrahams v Comcare (2006) 93 ALD 147 Sellick v Australian Postal Corporation (2009) 113 ALD 58
Date of hearing: 31 July 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 65
Counsel for the appellant: Mr LT Grey and Ms CM Spain
Solicitor for the appellant: Rishworth Dodd & Co
Counsel for the respondent: Mr T Howe QC and Mr D Richards
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