Commonwealth of Australia v. Goodfellow, F.W. [1980] FCA 71

IN THE FEDERAL COURT OF AUSTRALIA FC No. 13 of 1979

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

GENERAL DIVISION

COMMONWEALTH OF AUSTRALIA Vv. FREDERICK WILLIAM GOODFELLOW

Coram: Northrop J. 21 May 1980

CANBERRA

CATCHWORDS

Commonwealth Government Employees' Compensation - injury in course of employment - liability of Commonwealth to employee - Common law award of damages part satisfied - contributory negligence of employee - liability of employee to Commonwealth ~- P.A.Y.E. deductions - power of Compensation Commissioner and Tribunal to make and reconsider determinations of quantum of employee's laability - appeal on question of law to Federal Court exercising

original jurisdiction.

Compensation (Commonwealth Government Employees) Act 1971 ss. 20, 54, 63, 76, 83, 84, 95, 97, 99, 119

Income Tax Assessment Act 1936, as amended, Part Vl Division 2

Federal Court of Australia Act 1976 ss. 19, 20.

IN THE FEDERAL COURT OF AUSTRALIA FC No, 13 of 1979

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

GENERAL DIVISION

BETWEEN:

COMMONWEALTH OF AUSTRALIA Appellant

and

FREDERICK WILLIAM GOODFELLOW Respondent

ORDER

JUDGE MAKING ORDER: Northrop J. DATE OF ORDER: 21 May 1980.

WHERE MADE: Canberra

THE COURT ORDERS AND DECLARES:

A. Appeal allowed. Decision of the Commonwealth Employees! Compensation Tribunal handed down on 7 May 19793 set aside.

B. The questions of law stated in the notice of appeal be answered as follows:

Question 1: Does the Commissioner or his delegate have power of his own motion to make a determination?

Answer: Apart from the making of a determination under s.20(4) (a) of the Compensation (Commonwealth

Government' Employees) Act 1971, No.

Question 2: Does the Commissioner or his delegate have power to make a determination under s,99(7) of the Act?

Answer: No.

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Question 3: Does the Tribunal have power to reconsider a determination made by the Commissioner or his delegate under s.99(7) of the Act?