Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare Australia v Hill [1999] FCA 488 ADMINISTRATIVE LAW - appeal from decision of Administrative Appeals Tribunal - whether any question of issue estoppel on issue of "work connection" of injury by earlier determination - appeal not opposed by respondent- whether matter should be reheard by differently constituted Tribunal. COSTS - appropriate costs order on successful appeal by Government agency - appeal not opposed by respondent - point on appeal of wider concern than personal circumstances of respondent - exercise of discretion to grant costs certificate pursuant to s 6 of Federal Proceedings (Costs) Act 1981 - grounds for grant of costs certificate. Administrative Appeals Tribunal Act 1975 Safety, Rehabilitation and Compensation Act 1988 Federal Proceedings (Costs) Act 1981 Comcare v Miles (1995) 129 ALR 427 cited Northern NSW FM Pty Limited v Australian Broadcasting Tribunal (1990) 26 FCR 39 cited Brackenreg v Comcare Australia (1995) 56 FCR 335 cited
Nabru Nominees Pty Ltd (as Trustee of the Urban Family Trust No 2 Trust) v Federal Commissioner of Taxation [1997] ATC 4,902 cited
Main v Main (1949) 78 CLR 636 cited
Reeve v. Fowler [1965] NSWR 110 cited
COMCARE v GRAEME BURRELL HILL QG 87 OF 1998 SPENDER J 20 APRIL 1999 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 87 OF 1998
On appeal from the General Administrative Division of the Administrative Appeals Tribunal constituted by Deputy President Breen, Mrs H M Pavlin and Dr K P Kennedy
BETWEEN: COMCARE AUSTRALIA
Applicant
AND: GRAEME BURRELL HILL
Respondent
JUDGE: SPENDER J
DATE OF ORDER: 20 APRIL 1999
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The appeal be allowed.
2. The matter be remitted to the Administrative Appeals Tribunal, to be heard according to law.
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