Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Mihajlovic [2000] FCA 285
STATUTORY INTERPRETATION - construction of s 25(4) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) - provision for further payments of compensation for a subsequent increase in the degree of permanent impairment of an employee - subsequent increase must be 10% or more - whether "increase" relates to an individual impairment, overall impairment, or both where there are multiple impairments - cross-appeal - whether Tribunal entitled to depart from original assessment by Comcare in respect of (a) particular individual impairments and (b) the appropriate tables for determining the extent of impairments.
Safety, Rehabilitation and Compensation Act 1988 (Cth), s 4, s 24, s 24(5), s 24(6), s 24(7), s 25, s 25(1)(b), s 25(4), s 28, s 28(1)(c) Guide to the Assessment of the Degree of Permanent Impairment, Tables 9.1, 9.4, 9.5, 9.6, 14.1 Brennan v Comcare (1994) 50 FCR 555 followed Comcare v Levett (1995) 60 FCR 14 referred COMCARE v MIROSLAVA MIHAJLOVIC A 46 of 1999 FINN J CANBERRA 16 MARCH 2000
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY A 46 OF 1999
DISTRICT REGISTRY
BETWEEN: COMCARE
APPLICANT
AND: MIROSLAVA MIHAJLOVIC
RESPONDENT
JUDGE: FINN J
DATE OF ORDER: 16 MARCH 2000
WHERE MADE: CANBERRA
THE COURT ORDERS THAT: 1. the application be allowed; 2. the decision of the Tribunal be set aside; 3. the matter be remitted to the Tribunal for redetermination according to law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 46 OF 1999
BETWEEN: COMCARE
APPLICANT
AND: MIROSLAVA MIHAJLOVIC
RESPONDENT
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