Huckel, R.F. v. Comcare [1994] FCA 885

JUDGMENT No. moor LE

CATCHWORDS ADMINISTRATIVE LAW - Appeal from Administrative Appeals Tribunal ~- Compensation - Compensation payable to employee

who, being incapacitated for work as result of injury, retires from employment and, as a result of retirement, receives lump sum benefit under superannuation scheme - Amount of compensation to be determined by application of prescribed formula - Issue before Administrative Appeals Tribunal concerned correct application of formula - Matter decided on finding that employee not incapacitated at date of retirement so that entitlement provisions not applicable to him - Whether that issue raised before Administrative Appeals Tribunal or

the subject of concession by employer - Whether employee afforded opportunity to adduce evidence and make submissions in relation thereto - Whether decision of Administrative

Appeals Tribunal should be set aside.

Administrative Appeals Tribunal Act 1975 (Cth), s 44(1) Safety Rehabilitation and Compensation Act 1988 (Cth), s 21

ROBERT FREDERICK HUCKEL v IMCARE

No. ACT G 39 of 1994

Neaves J.

22 November 1994 Canberra

RECEIVED

23 NOV 1994

FEDERAL COURT OF

AUSTRALIA PRINCIPAL

E DERAL RT_OF TRALIA

AUSTRALIAN CAPITAL TERRITORY

DISTRICT REGISTRY

) ) No. ACT G 39 of 1994 NERAL DIVISION )

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: ROBERT FREDERICK HUCKEL

Applicant

Respondent

INUTE OF ORDER

E N R 3: Neaves J. DATE OF ORDER : 22 November 1994 WHERE MADE 3 Canberra

THE COURT ORDERS THAT:

1. The decision of the Administrative Appeals Tribunal given on 12 May 1994 be set aside.

2. The matter be remitted to the Administrative Appeals Tribunal for hearing and determination in the light of the judgment of this Court and upon such evidence as the parties may see fit to adduce before it.