Federal Court of Australia
CATCHWORDS
Workers' Conpensation - Compensation (Comnonwealth Governnent Employees) Act 1971 - Tribunal established under s.64+ - Appeal fron Tribunal to Federal Court of Australia on question of law only (s.95(1)) ~ Federal Court of Australia Act 1976 - Court on such an appeal exercising original jurisdiction through single Judge (ss.19 & 20) - Reference by Judge at first instance to Full Court (s.25(6)) - Pre-existing injury (non-conpensadle) - incapacitating pain arising therefrom
and caused by conditions of employment - Whether injury within meaning of Compensation (Commonwealth Government Employees) Act 1971 (s.5) - Aggravation of pre-existing
injury - meaning of.
On Appeal from the Commonyealth Employees' Compensation Tribunal at Canberra
THE COMMONSEALTH OF AUSTRALIA v. KATHLEEN BEATTIE
(No. 11 of 1980)
Coram: Evatt, Sheppard and Kelly JJ.
Date: 3 July 1981
Place: SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
GENERAL DIVISION
JUDGES MAKING ORDER:
No.11 of 1980
ON APPEAL FROM THE COMMONWEALTH EMPLOYEES' COMPENSATION TRIBUNAL AT _ CANBERRA
BETWEEN: THE COMMONWEALTH OF AUSTRALIA
Applicant
AND: KATHLEEN BEATTIE
Respondent
ORDER
Evatt, Sheppard and Kelly Ju.
DATE OF ORDER: 3 July 1981
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The questions referred be answered as follows: -
(1) Unnecessary to answer.
(2) Such pain may do so. Whether it does or
not will usually be a question of fact to
be decided by the Tribunal or Prescribed
Court whose decisions on questions of fact
are not the subject of appeal.
2. The matter be remztted to the Judge at first iunstance
with this expression of opinion.
3. Costs of the reference to the Full Court be reserved
for the Judge disposing of the appeal.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
No. 11 of 1980 DISTRICT REGISTRY
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