Vardis, P. v. The Commonwealth of Australia [1985] FCA 7

CATCHWORDS

WORKERS COMPENSATION - Appeal on questions of law from Administrative Appeals Tribunal - Whether only conclusion open on the material before the Tribunal was that applicant was. or was deemed by the operation of section 26 of the Compensation (Commonwealth Government Employees) Act 1971 to be, totally incapacitated for work ~ Fitness for work - Availability of work

Administrative Appeals Tribunal Act 1975, s.44(1)

Compensation (Commonwealth Government Employees) Act 1971, 5.26

PETER VARDIS V. THE COMMONWEALTH OF AUSTRALIA

No. ACT G 8 of 1984

CORAM; NEAVES J. 1 February 1985

Canberra

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

No. ACT G 8 of 1984 DISTRICT REGISTRY

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GENERAL DIVISION

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN : PETER VARDIS Applicant AND: THE COMMONWEALTH OF AUSTRALIA Respondent QRDER JUDGE MAKING ORDER : Neaves J. DATE OF ORDER : 1 February 1985 WHERE MADE 3 Canberra THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The applicant pay the respondent's costs of

the application.

IN_THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

) ) ! ) No. ACT G 8 of 1984 ) ) )

GENERAL DIVISION

ON APPRAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN : PETER VARDIS Applicant AND: THE COMMONWEALTH OF AUSTRALIA Respondent CORAM: Neaves J. DATE: l February 1985

REASONS FOR JUDGMENT

A party to a proceeding before the Administrative Appeals Tribunal ("the Tribunal") may appeal to this Court,

on a question of law, from any decision of the Tribunal in that proceeding (sub-section 44(1) of the Administrative

Appeals Tribunal Act 1975). Pursuant to that provision

Peter Vardis ("the applicant") has appealed to the Court from a decision of the Tribunal given on 27 February 1984 upon an application by him for the review of a determination