Comcare v Mather, A.J. [1995] FCA 265

CATCHWORDS WORKERS' COMPENSATION - appeal - soldiers on Army exercise - whether workers in course of employment at time of accident - whether Army had expressly or impliedly induced or encouraged soldiers to spend leave at a particular place or in a particular way - meaning of "induced or encouraged" - gross misconduct Safety Rehabilitation and Compensation Act 1988 (Cth) ss 4(1), 5(2), 14(1), (3),(13) Hatzimanolis v ANI Corporation Ltd (1992) 173 CLR 473 Cons Whittingham v Commissioner of Railways (WA) (1931) 46 CLR 22 Refd Henderson v Commissioner of Railways (WA) (1937) 58 CLR 281 Refd Inverall Shire Council v Lewis (1992) 8 NSWCCR 562 Refd Comcare v McCallum (1994) 49 FCR 199 Cons The Commonwealth v Oliver (1962) 107 CLR 353 Refd Danvers v Commissioner for Railways (NSW) (1969) 122 CLR 529 Refd McCurry v Lamb (1992) 8 NSWCCR 556 Refd Tiver Constructions Pty Ltd v Clair (1992) 110 FLR 239 Cons Comcare v Adrian John Mather No QG104 of 1994 Comcare v Irene Patricia Mitchell No QG105 of 1994 Kiefel J Brisbane 28 April 1995

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No. QG104 of 1994 (On appeal from the General Administrative Division of the Administrative Appeals Tribunal constituted by Deputy President B.M. Forrest, Mr I.L.G. Campbell Member and D.M. Sutherland Members) BETWEEN: COMCARE Applicant AND: ADRIAN JOHN MATHER Respondent AND: IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No. QG105 of 1994 (On appeal from the General Administrative Division of the Administrative Appeals Tribunal constituted by Deputy President B.M. Forrest, Mr I.L.G. Campbell Member and D.M. Sutherland Members) BETWEEN: COMCARE Applicant AND: IRENE PATRICIA MITCHELL Respondent JUDGE MAKING ORDER: Kiefel J. DATE OF ORDER: 28 April 1995 WHERE MADE: Brisbane MINUTES OF ORDERS THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the costs of and incidental to the appeal, including reserved costs if any, to be taxed. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.