Federal Court of Australia
CATCHWORDS
COMMONWEALTH EMPLOYEES' COMPENSATION - Determination by Commissioner relating to period of total incapacity - No determination concerning partial incapacity - Power of
Administrative Appeals Tribunal to award compensation for
partial incapacity.
Compensation (Commonwealth Government Employees) Act 1974 ss.20, 27, 45, 46, 54, 56-60, 61, 63 Administrative Appeals Tribunal Act 1975 ss.43, 44
Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577, Nevistic v Minister for Immigration and Ethnic Affairs (1981) 34 ALR 539, Re Brian Lawlor Automotive Pty Limited and Collector of Customs (1978) 1 ALD 167 applied. The Commonwealth v Rutledge (1964) 111 CLR 1, Re Compensation (Commonwealth Government Employees) Act 1971; Ex Parte Portelli (1981) 35 ALR 207, (1982) 39 ALR 161, Australian Capital Territory Health Commission v Cavanagh (3 March 1978, unreported) referred to.
NSW G.257 of 1985 THE COMMONWEALTH OF AUSTRALIA v HANNA FORD
Wilcox J. Sydney 27 March 1986
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISTON
No. G.257 of 1985
ON APPEAL from a Decision of J 0 Ballard Senior Member
Administrative Appeals Tribunal
BETWEEN : THE COMMONWEALTH OF AUSTRALIA Applicant | i} | AND: HANNA FORD | | Respondent I CORAM: WILCOX J. DATE: 27 MARCH 1986PLACE: SYDNEY ' MINUTE OF ORDERS _ | | THE COURT ORDERS THAT: 1. Paragraph (a) of the decision of the Tribunal of 9
' August 1985 be set aside.
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| 1 2. The case be remitted to the Administrative Appeals
Tribunal for the determination of the amount of compensation for partial incapacity to which the
respondent is entitled.
3. Save as above, the appeal be dismissed.
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