Heffernan v Comcare [2014] FCAFC 2

FEDERAL COURT OF AUSTRALIA

Heffernan v Comcare [2014] FCAFC 2 Citation: Heffernan v Comcare [2014] FCAFC 2

Appeal from: Comcare v Heffernan [2013] FCA 299

Parties: DANIEL JOHN HEFFERNAN v COMCARE

File number: NSD 723 of 2013

Judge(s): ALLSOP CJ, JACOBSON & KATZMANN JJ

Date of judgment: 3 February 2014

Catchwords: WORKERS' COMPENSATION – Commonwealth employee – chronic back pain – claim for cost of purchasing and modifying four-wheel drive vehicle – whether "medical treatment" – whether vehicle was "medical, surgical or other similar aid or appliance" – whether vehicle was "curative apparatus". PRACTICE AND PROCEDURE – new claim raised in written submissions to Administrative Appeals Tribunal – new claim had been expressly disavowed at oral hearing – no invitation by Tribunal to make submissions on new claim – Tribunal did not consider new claim – new claim raised on appeal before primary judge by way of notice of contention – whether primary judge erred in refusing leave to argue new claim – whether Tribunal's failure to consider new claim was legal error. STATUTORY INTERPRETATION – "medical treatment" – defined term – whether construction of statutory definition is informed by ordinary meaning of defined term.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25, 44 Compensation (Commonwealth Government Employees) Act 1971 (Cth) s 5 Federal Court Rules 2011 (Cth) rr 1.39, 33.21 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5A, 14, 15, 16, 39 Workers Compensation Act 1958 (Vic) s 26 Workers Compensation Act 1987 (NSW) s 59 Workers' Compensation Act 1926 (NSW) s 10