The Commonwealth of Australia v. Spaul, F.R. & Anor [1987] FCA 334

CATCHWORODS

ADMINISTRATIVE .LAW - Compensation (Commonwealth Government Employees) Act 1971 - proper construction of s.30 - meaning of

disease "of a kind" specified in the Regulations - whether cancer of the tongue a pathological condition of the kind of

pathological condition caused by exposure to radiation.

Compensation (Commonwealth Government Employees) Act 1971, ss.27, 29, 30.

Compensation (Commonwealth Government Employees) Requlations Commonwealth Employees' Compensation Act 1930, s.10.

THE COMMONWEALTH OF AUSTRALIA V. F.R. SPAUL (A DELEGATE OF THE COMMISSIONER FOR EMPLOYEES' COMPENSATION) & ANOR.

QLD. NO. G25 OF 1987

SPENDER J. BRISBANE 23 JUNE 1987.

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IN THE FEDERAL COURT OF AUSTRALIA

) ) QUEENSLAND DISTRICT REGISTRY ) QLD. G25 of 1987 ) GENERAL DIVISION )

BETWEEN : THE COMMONWEALTH OF AUSTRALIA

Applicant AND: F.R. SPAUL (A DELEGATE OF THE COMMISSIONER FOR EMPLOYEES' COMPENSATION) First Respondent AND: COLIN IRVINE BIRD Second Respondent MINUTE OF ORDER JUDGE MAKING ORDER: SPENDER J. DATE OF ORDER: 23 JUNE 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

The application be dismissed, with costs, including reserved costs.

NOTE: Settlement and Entry of Orders is dealt with in Order 36 of the Federal Court Rules.

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IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

GENERAL DIVISTON

BETWEEN :

QLD. G25 of 1987

THE COMMONWEALTH OF AUSTRALTA

Applicant

F.R. SPAUL (A DELEGATE OF THE COMMISSIONER FOR

EMPLOYEES' COMPENSATION)

COLIN IRVINE BIRD

DATE OF HEARING:

DATE JUDGMENT DELIVERED:

COUNSEL :

for the applicant

for the first respondent

for the second respondent

First Respondent

Second Respondent

ll JUNE 1987 23 JUNE 1987.

Mr. G.L. Davies 9.C. and Mr. J.A. Logan, instructed by

Australian Government Solicitor

Mr. P.L. O'Shea instructed by Morris Fletcher & Cross