Federal Court of Australia
TO
CATCHWORDS . 24 id 7 AL HORRRS "Gheeteng' yt - Commonwealth Employee - Employed at " fe) munitions ~ factory Blow to head of employee by bomb cap -
~~} 1 Physical injury not incapacitating - Blow to head causing
employee to suffer an aggravation, acceleration or recurrence of a depressive state - Whether s.27 or s.29 of Compensation {Commonwealth Government employees) Act applies - Whether there was any evidence before the Tribunal to satisfy a finding made under s.29(3) of the Act that no wilful and false representation was made - Whether any evidence before the Tribunal as to the finding that the employee was totally incapcitated for work pursuant to s.26 of the Act - Matter remitted to Commissioner for
reconsideration in accordance with directions given by Court.
Compensation (Commonwealth Government Employees) Act 1971, ss. 5, 26, 27, 29, 45.
Administrative Appeals Tribunal Act 1975, s.44.
Favelle Mort Limited v Murray (1976) 133 CLR 580. Commonwealth v Whillock (1983) 48 ALR 433.
Hockey v Yelland (1985) 157 CLR 124.
Re Ellis and Commonwealth of Australia (1985) 3 AAR 146.
Collins v Minister for Immigration and Ethnic Affairs (1981) 36 ALR 598.
Delahunty v Commonwealth (1981) 53 FLR 9. Australian Telecom Commission v King (1985) 5 FCR 42.
COMMONWEALTH OF AUSTRALIA v VICTOR PISANI AND RITA PISANI G252/1985
Evatt J Sydney 26 February 1987
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G252 of 1985 GENERAL DIVISION )
IN THE MATTER of the Compensation (Commonwealth Government Employees)
Act 1971
BETWEEN: COMMONWEALTH OF AUSTRALIA
Applicant D: VICTOR PISANI
First Respondent AND: RITA PISANI
Second Respondent
CORAM: Evatt J
DATE :
26 January 1987
PLACE: Sydney
MINUTES OF ORDER
COURT ORDERS THAT:
THE 1)
That the determinations of the Delegate of the Commissioner appointed under the Compensation (Commonwealth Government Employees) Act 1971 (the Act) in respect of Victor Pisani (the employee), dated 18 May 1983 and 16 December 1983, be
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