Federal Court of Australia
CATCHWORDS
ADMINISTRATIVE LAW - Commonwealth Employees Compensation - Application for redemption of liability of Commonwealth to make further payments to employee by payment of lump sum - Whether Commissioner may vary or revoke a determination under which weekly payments are made once application is made for redemption of Commonwealth's liability to make
further weekly payments.
Compensation (Commonwealth Government Employees) Act 1971
ss. 20, 46, 49
Administrative Appeals Tribunal Act 1975 5.44
FREDERTCK VICTOR RETTANO yv THE COMMONWEALTH OF AUSTRALIA
No. G28 of 1983
Lockhart, Morling and Neaves JJ.
5 August 1983
Brisbane
IN THE FEDERAL COURT OF AUSTRALIA
} ) QUEENSLAND DISTRICT REGISTRY } No. G28 of 1983 } GENERAL DIVISION \
BETWEEN: FREDERICK VICTOR
RETTANO Appellant AND: THE COMMONWEALTH OF AUSTPALTA Respondent ORDER JUDGES MAKING ORDER: Lockhart, Morling and Neaves JJ. DATE OF QRDER: 5 August, 1983 WHERE MADE: "Brisbane THE COURT ORDERS THAT: - l. Order No. S of the Orders made by Fitzgerald J.
on 27 October 1982 be varied by deleting therefrom the following:-
"l.., and the determination of 3 April 1981 of a delegate of the Commissioner that the applicant is entitled to compensation from 1
September 1980 until a date to be determined by the Commissioner or
his Delegate of payment of $105.00 per week in respect of compensation for partial incapacity." 2. Otherv7ise the appeal be dismissed. 3. The appellant pay the respondent's costs of this
appeal.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY No. G28 of 1983
wee ww
GENERAL DIVISTON
BETWEEN : FREDERICK VICTOR REITANO Appellant AND: THE COMMONWEALTH OF AUSTRALIA Respondent
CORAM: Lockhart, Morling and Neaves, Ju. DATE: 5 August 1983
REASONS FOR JUDGMENT
THE COURT: This is an appeal by Frederick Victor Reitano ("the appellant") from so0 much of the judgment and order given and made by a single Judge of this Court (Fitzgerald dg.) on 27 October 1982 as directed that the matter before him be remitted to the Commissioner for Employees' Compensation ("the Commissioner") for the reconsideration of
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