Chowdhary v Bayne [1999] FCA 41

FEDERAL COURT OF AUSTRALIA

Chowdhary v Bayne [1999] FCA 41 WORKERS' COMPENSATION - compensation - jurisdiction of Administrative Appeals Tribunal – failure to undertake rehabilitation programme without reasonable excuse - jurisdictional fact – suspension of rights under s 37(7) Safety, Rehabilitation and Compensation Act 1988 (Cth) PRACTICE AND PROCEDURE – applications for judicial review of decision of the Administrative Appeals Tribunal brought under s 7 Administrative Decisions (Judicial Review) Act 1977 (Cth) and appeal from that decision under s 44 Administrative Appeals Tribunal Act 1975 (Cth) – stay of judicial review pending hearing of the appeal ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal decision as to the existence of a jurisdictional fact – function of court – reception of additional evidence

Administrative Appeals Tribunal Act 1975 (Cth) s 25, s 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) s 16, s 29, s 37(7), s 60, s 62, s 64 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 3(1), s 7, s 11(1)(c) Evidence Act 1995 (Cth) s 135

Trajkovski v Telstra Corporation Ltd (1988) 153 ALR 248 applied Buck v Comcare (1996) 66 FCR 359 cited Tuite v Administrative Appeals Tribunal (1993) 40 FCR 483 cited Australian Fisheries' Management Authority v PW Adams Pty Ltd (1995) 134 ALR 51 cited Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 cited Kuswardana v Minister for Immigration and Ethnic Affairs (1981) 35 ALR 186 cited Hill v King (1993) 31 NSWLR 654 cited R v Blakeley; Ex parte Association of Architects Etc of Australia (1950) 82 CLR 54 applied DMW v CGW (1982) 151 CLR 491 cited Servos v Repatriation Commission (1995) 56 FCR 377 cited Percerep v Minister for Immigration and Multicultural Affairs [1998] FCA 1088 cited