Federal Court of Australia
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CATCHHMORDS
ADMINISTRATIVE LAW - Appeal from Administrative Appeals Tribunal - Commonwealth Employees Compensation - Compensation neurosis -
Neurosis engendered by genuine belief that the employment was a contributing factor to a disability which was in fact unrelated to the employment - Use of medical dictionary by A.A.T. in order better to understand medical evidence.
Compensation (Commonwealth Government Employees) Act 1971 Administrative Appeals Tribunal Act 1975
Federal Broom Co, Pty. Ltd. v. Semlitch (1964) 110 CLR 626.
Migge v. Wormald Bros. Industries Ltd. (1972) 2 NSWLR 29; and on appeal, 47 ALJR 236.
Australian Telecommunications Commission v. Tzikas, unreported, Full Court, Smithers, Sweeney and Woodward JJ., 12 August 1985.
McMullen v. Commissioner for Superannuation (1985) 61 ALR 189.
JOHN KIRKPATRICK -V- THE COMMONWEALTH OF AUSTRALIA
No. G.34 of 1985
Davies, Beaumont & Burchett JJ. Sydney 26 November 1985
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
No. G.34 of 1985
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BETWEEN :
JOHN KIRKPATRICK
Applicant AND: THE COMMONWEALTH OF AUSTRALIA Respondent MINUTE OF ORDERS dudges Making Order: Davies, Beaumont and Burchett JJ. Date of Order: 26 November 1985
Where Made: Sydney
THE COURT ORDERS THAT:
1) 2)
The appeal be dismissed.
Liberty to the Respondent to apply for the costs of the appeal, if so advised.
Settlement and entry of order is dealt with by Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALTA
NEW SOUTH WALES DISTRICT REGISTRY No. G.34 of 1985
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GENERAL DIVISION
BETWEEN : JOHN KIRKPATRICK
Applicant
COMMONWEALTH OF AUSTRALIA
Respondent
CORAM: Davies, Beaumont and Burchett JJ.
REASONS FOR JUDGMENT
THE COURT: This is an appeal from a decision of the Administrative Appeals Tribunal affirming a decision of the Delegate of the Commissioner for Employees' Compensation that the Commonwealth was not liable to make weekly payments of
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