Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Prain v Comcare [2017] FCAFC 143 Appeal from: Prain and Comcare (Compensation) [2016] AATA 459
File number: ACD 60 of 2016
Judges: KENNY, TRACEY AND BROMBERG JJ
Date of judgment: 5 September 2017
Catchwords: WORKERS' COMPENSATION – appeal from Administrative Appeals Tribunal – whether Tribunal erred in its application of Military Rehabilitation and Compensation Commission v May [2016] HCA 19; 257 CLR 468 – whether Tribunal failed to address correct question under s 5B of the Safety, Rehabilitation and Compensation Act 1988 (Cth)
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Safety, Rehabilitation and Compensation Act 1988 (Cth)
Cases cited: Accident Compensation Commission v McIntosh [1991] 2 VR 253 Australian Postal Corporation v Burch [1998] FCA 944; 85 FCR 264 Comcare v Mooi [1996] FCA 508; 69 FCR 439 Hume Steel Ltd v Peart [1947] HCA 34; 75 CLR 242 Kennedy Cleaning Services Pty Ltd v Petkoska [2000] HCA 45; 200 CLR 286 Lees v Comcare [1999] FCA 753; 29 AAR 350 May v Military Rehabilitation and Compensation Commission [2015] FCAFC 93; 233 FCR 397 Military Rehabilitation and Compensation Commission v May [2016] HCA 19; 257 CLR 468 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; 185 CLR 259 Telstra Corporation Ltd v Hannaford [2006] FCAFC 87; 151 FCR 253 Zickar v MGH Plastic Industries Pty Ltd [1996] HCA 31; 187 CLR 310
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