Samson Maritime Pty Ltd v Aucote [2014] FCAFC 182

FEDERAL COURT OF AUSTRALIA

Samson Maritime Pty Ltd v Aucote [2014] FCAFC 182 Citation: Samson Maritime Pty Ltd v Aucote [2014] FCAFC 182

Appeal from: Noel Aucote v Samson Maritime Pty Ltd [2014] AATA 296

Parties: SAMSON MARITIME PTY LTD v NOEL AUCOTE

File numbers: NSD 585 of 2014 NSD 765 of 2014

Judges: ALLSOP CJ, RARES J AND MCKERRACHER J

Date of judgment: 22 December 2014

Catchwords: ADMIRALTY – seafarers compensation – whether Administrative Appeals Tribunal had jurisdiction to determine application for compensation under Seafarers Rehabilitation and Compensation Act 1992 (Cth) in respect of injury suffered by seafarer – where s 19 of the Act provided different nexuses for its application – whether nexuses independent or cumulative – where seafarer employed by vessel owner using vessel in construction of wharf – whether s 19(1) required vessel to be engaged only in interstate or international trade or commerce – whether s 19(2) applied to seafarer because vessel owner was a trading corporation – whether s 19(2) of the Act applied independently of s 19(1) and (1A) – whether s 19(1)(a) extended to activities "with respect to" trade and commerce between Australia and places outside Australia – where vessel used to assist in construction of wharf to be used for international carriage of iron ore and cooperated closely with internationally-registered ships STATUTORY INTERPRETATION – CONSTITUTIONAL LAW – whether s 19(1) of Seafarers Rehabilitation and Compensation Act 1992 (Cth) limited scope and application of the Act to matters arising in trade or commerce between Australia and places outside Australia – whether s 19(2) of Act created independent basis for claim under Act if seafarer's employer a trading corporation – consideration of beneficial purpose of Act – consideration of historical context of Act