Federal Court of Australia
CATCHWORDS ADMINISTRATIVE LAW - appeal from decision of the Administrative Appeals Tribunal ("AAT") - whether injury the result of "reasonable disciplinary action" - whether decision not authorised by an enactment - whether improper exercise of power - whether consideration of irrelevant considerations - whether lack of comment by experts relevant - review of decisions by expert panel of the AAT considered - whether lack of procedural fairness by AAT's failure to raise the importance of the experts failure to comment - there is no obligation on the AAT to inform parties of proposed reasoning process - whether failure to take account of relevant considerations. Safety Rehabilitation and Compensation Act 1988 (Cth) s4, s5, s14 Australian Postal Commission v Wallace (1996) 41 ALD 455, applied Spurling v Development Underwriting (Vic) Pty Limited [1973] VR 1, applied. Roads Corporation v Dacakis [1995] 2 VR 508, cited. Minister for Health v Thomson (1985) 8 FCR 213, cited. MacIntosh v Minister for Health (1987) 17 FCR 463, cited. Chicago, Burlington and Quincy Railway Co v Babcock (1907) 204 US 585 at 598, cited. Re Anderson and the Ulster Hotel [1969] Qd R 525, cited Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, applied. Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280, cited. Politis v Federal Commissioner of Taxation (1988) 88 ATC 5029, cited. Luu v Renevier (1989) 91 ALR 39, cited. Powerlift (Nissan) Pty Limited v Minister of State for Small Business Construction and Customs (1993) 113 ALR 339, cited. Fletcher v Federal Commissioner of Taxation (1988) 84 ALR 295, cited Dobbie v Department of Social Security (1995) 85 SSR 1244b, cited Telstra Corporation Ltd v Kendall (1995) 55 FCR 221, applied. Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 127 ALR 699, cited. Mahon v Air New Zealand Ltd [1984] 1 AC 809, cited. TELSTRA CORPORATION LIMITED - v - GRAHAM WARREN No NG 016 of 1996 Tamberlin J Sydney 26 February 1997
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