Gregory, Wayne v Comcare Australia [1997] FCA 4

CATCHWORDS WORKERS' COMPENSATION - injury sustained by member of RAAF at function in honour of his departure from RAAF - whether injury arising out of, or in the course of, his employment - injury occurring in interval between two discrete periods of work. WORDS AND PHRASES - "injury arising out of, or in the course of ... employment". Safety Rehabilitation and Compensation Act 1988 (Cth) s 4(1), s 5(2), s 14(1), s 16 Hatzimanolis v ANI Corporation Ltd (1992) 173 CLR 473 Commonwealth of Australia v Lyon (1979) 24 ALR 300 WAYNE GREGORY v COMCARE AUSTRALIA No QG 111 of 1996 Cooper J Brisbane 15 January 1997

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No QG 111 of 1996 On appeal from the Administrative Appeals Tribunal General Administrative Division constituted by Mr D W Muller, Senior Member BETWEEN: WAYNE GREGORY Applicant AND: COMCARE AUSTRALIA Respondent JUDGE MAKING ORDER: Cooper J WHERE MADE: Brisbane DATE OF ORDER: 15 January 1997 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The applicant pay the respondent's costs of and incidental to the appeal to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No QG 111 of 1996 On appeal from the Administrative Appeals Tribunal General Administrative Division constituted by Mr D W Muller, Senior Member BETWEEN: WAYNE GREGORY Applicant AND: COMCARE AUSTRALIA Respondent CORAM: Cooper J PLACE: Brisbane DATE: 15 January 1997 REASONS FOR JUDGMENT Introduction This is an application by way of appeal from a decision of the Administrative Appeals Tribunal ("the Tribunal") given on 21 June 1996. The applicant broke his leg during a social soccer match which took place at a party held in honour of his discharge from the RAAF. He applied for compensation in respect of his injury and, by letter dated 20 September 1994, a delegate of Comcare informed him that liability had been admitted for his injury. On 6 February 1995 a different delegate of Comcare revoked the decision of 20 September 1994 and determined that compensation was not payable in respect of the applicant's injury. The Tribunal affirmed that determination.