Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Baranski v Comcare [2013] FCAFC 31 Citation: Baranski v Comcare [2013] FCAFC 31
Appeal from: Baranski v Comcare [2012] FCA 925
Parties: MICHAEL BARANSKI v COMCARE
File number: NSD 1485 of 2012
Judges: ALLSOP CJ, TRACEY AND KATZMANN JJ
Date of judgment: 7 March 2013
Catchwords: ADMINISTRATIVE LAW – workers' compensation – revocation of determination to compensate for injury alleged to have been suffered arising out of or in the course of employment – whether error of law in the decision of the Administrative Appeals Tribunal – whether incorrect test for causation applied
Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 14(1) and 5A(1)(b)
Cases cited: Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223 Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139 Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 Luxton v Vines (1952) 85 CLR 352 March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611
Date of hearing: 7 March 2013
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 25
Counsel for the Appellant: Mr D Baran
Solicitor for the Appellant: Stephen Smart & Associates
Counsel for the Respondent: Ms R Henderson
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