Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ADMINISTRATIVE LAW - compensation for injuries suffered in motor vehicle accident during employment - appeal from Administrative Appeals Tribunal to cease liability to pay compensation - whether another injury suffered by applicant was a "work related injury". PRACTICE AND PROCEDURE - procedural fairness and natural justice - whether denied by Tribunal's introduction of new issue at hearing drawn to attention of counsel at end of evidence and before final submissions - whether Tribunal's role is adversarial or inquisitorial. Administrative Appeals Tribunal Act 1975: s 44 Safety, Rehabilitation and Compensation Act 1988: ss 16, 19, 24, 62(2), 62(5) Mills v Australian Postal Corporation (1994) 32 ALD 489, considered Bushell v Repatriation Commission (1992) 175 CLR 408, considered Commissioner for ACT Revenue v Alphaone Pty Ltd (1994) 127 ALR 699, considered Federal Broom Company Pty Limited v Semlitch (1964) 110 CLR 626, considered CHRISTINE LODKOWSKI v COMCARE VG 271 of 1997 GOLDBERG J MELBOURNE 5 MARCH 1998
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 271 of 1997
ON APPEAL from the General division of the administrative appeals tribunal constituted by mr b h pascoe (senior member)
BETWEEN: CHRISTINE LODKOWSKI
Applicant
AND: COMCARE
Respondent
JUDGE: GOLDBERG J
DATE OF ORDER: 5 MARCH 1998
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The applicant pay the respondent's taxed costs of the appeal including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY vg 271 of 1997
ON APPEAL from the General division of the administrative appeals tribunal constituted by mr b h pascoe (senior member)
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