Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Drinkwater [2018] FCAFC 62 Appeal from: Drinkwater and Comcare (Compensation) [2017] AATA 1228
File number: NSD 1531 of 2017
Judges: KENNY, FLICK AND PERRY JJ
Date of judgment: 26 April 2018
Catchwords: WORKERS' COMPENSATION – appeal from a decision of the Administrative Appeals Tribunal (Tribunal) setting aside a decision to reject the employee's claim for compensation – where employee transferred to different area of employment in accordance with mobility policy – where employee suffered from an adjustment disorder with anxiety – whether Tribunal misconstrued the phrase "in respect of the employee's employment" in the exclusion in s 5A(1) of the Safety, Rehabilitation and Compensation Act 1988 (Cth).
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Safety, Rehabilitation and Compensation Act 1988 (Cth) Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2006 (Cth)
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (NT) [2009] HCA 41; 239 CLR 27 Australian Securities and Investments Commission v Whitebox Trading Pty Ltd [2017] FCAFC 100; 251 FCR 448 Canute v Comcare [2006] HCA 47; 226 CLR 535 Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55; 250 CLR 503 Commonwealth Bank of Australia v Reeve [2012] FCAFC 21; 199 FCR 463 Director-General of Education v Suttling (1987) 162 CLR 427 at 437-438 Drenth v Comcare [2012] FCAFC 86; 128 ALD 1 Hart v Comcare [2005] FCAFC 16; 145 FCR 29 John Holland Group Pty Ltd v Robertson [2010] FCAFC 88; 185 FCR 566 Long v Comcare [2016] FCA 737 Military Rehabilitation and Compensation Commission v May [2016] HCA 19; 257 CLR 468 North Australian Aboriginal Justice Agency Ltd v Northern Territory [2015] HCA 41; 256 CLR 569 Peters v Comcare [2013] FCA 1361 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 Thiess v Collector of Customs [2014] HCA 12; 250 CLR 664
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