Federal Court of Australia
CATCHWORDS.
ADMINISTRATIVE LAW ~- appeal from Administrative Appeals Tribunal - social security - recovery of sickness benefits following receipt of lump sum workers' compensation payment - whether benefits and compensation payable in respect of same incapacity - whether 1979 and 1982 amendments significantly changed operation of recovery provisions
Words and Phrases - "in respect of" "incapacity"
Social Security Act 1947 (Cth) Part VII, ss.24, 108, 115(2), 115B, 115C, 115D, 115E, 115F
Workers Compensation Act 1971 (SA) ss.9, 51, 53, 59, 69, 70, 72
Workers' Compensation Act 1926 (NSW) ss.9, 16
Compensation (Commonwealth Government Employees) Act 1971 (Cth) s.98
Re Castronuovo and Director-General of Social Security (1984) 5 ALN No.344
State Government Insurance Office (Qld) v Rees (1979), 144 CLR 549
Butler v Johnston, Guild & Somes (1984) 55 ALR 265 Australian Telecommunications Commission v Leech (1982) 44 ALR 441
Commonwealth of Australia v Keogh (1983) 50 ALR 693
Day v Standard Waygood Ltd (1941) 65 CLR 204 Commissioner for Railways v Bain (1965) 112 CLR 246
BETWEEN : SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY Applicant AND : GIOVANNI SIVIERO Respondent
No. SA G.64 of 1985
CORAM 3 Keely, Fisher, Davies JJ
12 September 1986
Adelaide
IN THE FEDERAL COURT OF AUSTRALIA )
)
SOUTH AUSTRALIA DISTRICT REGISTRY ) No. SA G.64 of 1985
GENERAL DIVISION
JUDGES MAKING ORDER
DATE OF ORDER WHERE MADE
THE COURT ORDERS THAT
) )
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL, GENERAL ADMINISTRATIVE DIVISION
BETWEEN 3 SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY
°
Applicant
AND : GIOVANNI SIVIERO
Respondent
MINUTE OF ORDER
: Keely, Fisher, Davies JJ : 12 September 1986 : Adelaide
The appeal be dismissed with costs.
Note : Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) )
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