Federal Court of Australia
Pmunck rod
CATCHWORDS
Administrative law - appeal from decision of Administrative Appeals Tribunal - whether s. 28(2) Evidence Act 1958 (Vic.) applied to Tribunal - fTribunal's discretion to exclude evidence - whether "appropriate" to exclude pursuant to 5. 33(1)(c) AAT Act - whether contrary to "equity, good
conscience" to admit pursuant to 5s. 20(2)(a) Compensation
(C.G.E.) Act - whether Tribunal considered real issue before it - whether Tribunal applied proper test of proof - whether
Tribunal erred in considering evidence before it.
Administrative Appeals Tribunal Act 1975 ss. 3(1), 33(1)
Judiciary Act 1903 s. 79
Acts Interpretation Act 1901 ss. 38, 40
Compensation (Comm. Govt. Employees) Act 1971 ss. 20, 29
Evidence Act 1958 (Vic.) s. 28(2)
Re RC and Director-General Social Services (1981) 3 ALD 334
LESLIE JAMES BROWN v COMMONWEALTH OF AUSTRALTA
Vi 116 of 1985
KEELY J MELBOURNE
28 AUGUST, 1986
Ke
Co
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
COURT: DATE:
PLACE:
NO. VG 116 of 1985
BETWEEN:
LESLIE JAMES BROWN
Applicant
AND:
COMMONWEALTH OF AUSTRALIA
Respondent
KEELY J 28 AUGUST, 1986
MELBOURNE
THE COURT ORDERS THAT:
1.
(Note:
The decision of the Administrative Appeals Tribunal
made on 19 April 1985 be set aside.
The matter be remitted to the Tribunal to be heard
and decided again with the hearing of further
evidence at the discretion of the Tribunal.
The respondent pay to the applicant his costs of this
appeal.
Settlement and entry of orders is dealt with in 0.36
of the Federal Court Rules.)
.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) NO. VG 116 of 1985 ) )
GENERAL DIVISION
BETWEEN:
LESLIE JAMES BROWN
Applicant
AND:
COMMONWEALTH OF AUSTRALTA
Respondent
28 AUGUST, 1986 KEELY J. REASONS FOR DECISION
This is an appeal from a decision of the Administrative Appeals Tribunal (the Tribunal), given on 19 April 1985, which affirmed a determination, dated 16 August 1984, of the Delegate of the Commissioner for Employees' Compensation (the Delegate) that the respondent was "not liable to pay compensation in respect of the condition of
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