Federal Court of Australia
FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW – Administrative Appeals Tribunal makes findings inconsistent with earlier Comcare determinations – whether within the AAT's jurisdiction to do so. Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 4(1), 14, 24, 25, 27, 43, 44, 61(1), 62, 68, 69, 70, 72. Administrative Appeals Tribunal Act 1975 (Cth), ss 39, 43, 44, 58.
Australian Postal Corporation v Nguyen (1996) 71 FCR 516, cited. Civil Aviation Safety Authority v Coburn (1996) 24 AAR 389, cited. Comcare v Burton (1998) 157 ALR 522, cited. Comcare v Grimes (1994) 50 FCR 60, cited. Commonwealth of Australia v Sciacca (1988) 17 FCR 476, cited. De La Cruz v Australian Postal Commission (1997) 73 FCR 204, cited. Fletcher v Commissioner of Taxation (1988) 19 FCR 442, cited. Langley v Repatriation Commission (1993) 43 FCR 194, followed. Repatriation Commission v O'Brien (1985) 155 CLR 422, distinguished. Re Quinn and Australian Postal Corporation (1992) 15 AAR 519, cited. Sprod v Repatriation Commission (1985) 9 ALN N16, cited.
RONALD LEONARD POWER v COMCARE NG 97 OF 1998
SACKVILLE J SYDNEY 20 NOVEMBER, 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 97 of 1998
BETWEEN: ronald leonard power
Applicant
AND: comcare
Respondent
JUDGE: SACKVILLE J.
DATE: 20 NOVEMBER, 1998
PLACE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 97 of 1998
BETWEEN: RONALD LEONARD POWER
APPELLANT
AND: COMCARE
Respondent
JUDGE: SACKVILLE J.
DATE: 20 NOVEMBER 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT This is an appeal on a question of law from a decision of the Administrative Appeals Tribunal ("AAT"), given on 16 January 1998. The AAT affirmed a determination made by a Review and Appeals Officer of the respondent ("Comcare") that Comcare's liability under the Safety Rehabilitation and Compensation Act 1988 ("SRC Act"), in respect of the acceleration of the applicant's coronary heart disease, had ceased from 9 March 1995. The present appeal is brought pursuant to s 44 of the Administrative Appeals Act 1975 (Cth) ("AAT Act").
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