Telstra Corp v Roycroft, Robert Thomas [1997] FCA 774

FEDERAL COURT OF AUSTRALIA

ADMINISTRATIVE LAW - APPEAL from Administrative Appeals Tribunal - Employee failed to serve claim for compensation within time - Tribunal deemed claim served in time - Effect of Tribunal's failure to identify the period within which a claim for compensation had to be served - Failure to identify evidence to support the finding on a material question of fact, namely, the date of service of claim - Whether employee failed to serve claim due to mistake - Distinction between mistake and ignorance - Whether mistake must relate to time in which to serve the claim - Whether mistake occasioned failure to serve claim - Whether failure to refer to evidence on which findings relating to mistake were made - Whether knowledge of connection with employment was necessary

WORDS AND PHRASES - Mistake, Ignorance

Administrative Appeals Tribunal Act 1973 (Cth) ss 43(2B), 44

Compensation (Commonwealth Government Employees) Act 1971 (Cth) ss 27, 54(1), 54(2), 54(6) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 124(1A), 124(10) Commonwealth Employees Compensation Act 1930 (Cth) Sullivan v Department of Transport (1978) 20 ALR 323 Brackenreg v Comcare Australia (1995) 56 FCR 335 Murray v Baxter (1914) 18 CLR 622 Roles v Pascall & Sons [1911] 1 KB 982 Commonwealth of Australia v Connors (1989) 86 ALR 247 Stevenson v Metropolitan Meat Industry Commission (1936) 37 SR (NSW) 109 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Black v City of South Melbourne [1963] VR 34 McAuliffe v Secretary, Department of Social Security (1992) 28 ALD 609 TELSTRA CORPORATION v ROYCROFT VG 631 of 1996 BEFORE: NORTH J PLACE: MELBOURNE DATE: 15 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VG 631 of 1996 ) GENERAL DIVISION )