Bailey v Broadsword Marine Contractors Pty Ltd [2017] FCAFC 219

FEDERAL COURT OF AUSTRALIA

Bailey v Broadsword Marine Contractors Pty Ltd [2017] FCAFC 219 Appeal from: Bailey v Broadsword Marine Contractors Pty Ltd [2016] AATA 1048

File number: QUD 21 of 2017

Judges: RARES, REEVES AND DERRINGTON JJ

Date of judgment: 22 December 2017

Catchwords: ADMINISTRATIVE LAW – whether the appellant had suffered an "injury" under the Seafarers Rehabilitation and Compensation Act 1992 (Cth) – distinction between "disease" and "injury" in its primary sense considered – effect of "sudden" or "dramatic" change considered – exclusionary effect of s 10(7) of the Seafarers Rehabilitation and Compensation Act 1992 (Cth) considered ADMINISTRATIVE LAW – whether the appellant had suffered an "injury" under the Seafarers Rehabilitation and Compensation Act 1992 (Cth) – whether the adjustment disorders were the same disease – whether the appellant made a "wilful" and "false" representation ADMINISTRATIVE LAW – construction of reasons of Tribunal – whether Tribunal turned its mind to the central issue in contention – effect of reading reasons as a whole

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33, 43, 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) s 4 Seafarers Rehabilitation and Compensation Act 1992 (Cth) ss 3, 10, 10(7), 26, 78 Workers' Compensation Act 1951 (ACT) s 7

Cases cited: Cadbury UK Ltd v Registrar of Trademarks (2008) 316 ALD 608 Comcare v Martin (2016) 258 CLR 467 Comcare v Porter (1996) 70 FCR 139 Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Dalton v Deputy Federal Commissioner of Taxation (1986) 160 CLR 246 Department of Veterans' Affairs v Studdert [2001] FCA 1642 Hume Steel Ltd v Peart (1947) 75 CLR 242 Kennedy Cleaning Services Pty Ltd v Petkoska (2000) 200 CLR 286 Lawrance v Centrelink (2005) 88 ALD 664 May v Military Rehabilitation and Compensation Commission (2015) 233 FCR 397 Military Rehabilitation and Compensation Commission v May (2016) 257 CLR 468 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 271–272 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Prain v Comcare [2017] FCAFC 143 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Palme (2003) 216 CLR 212 Re Ruddock; ex parte S154/2002 (2003) 201 ALR 437 Sullivan v Civil Aviation Safety Authority (2014) 226 FCR 555 Sun v Minister For Immigration and Border Protection (2016) 243 FCR 220 Wong v Law Institute of Australia [2014] VSC 136 Zickar v MGH Plastic Industries Pty Ltd (1996) 187 CLR 310