Comcare v Forbutt [2000] FCA 837

FEDERAL COURT OF AUSTRALIA

Comcare v Forbutt [2000] FCA 837

ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – claim for compensation by Commonwealth employee – assaults and intimidatory treatment while respondent serving in Army – whether failure by Tribunal to give adequate reasons – whether failure to deal with arguments advanced by Comcare Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2), (2B), 44

Addo v Minister for Immigration and Multicultural Affairs [1999] FCA 940 followed Re Minister for Immigration and Multicultural Affairs; ex parte Durairajasingham (2000) 74 ALJR 405 at par 64 to 65 followed Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at 359-360 mentioned Dornan v Riordan (1990) 24 FCR 564 at 567 applied Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd [1983] 3 NSWLR 378 at 385-386 followed Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 at 273 followed Public Service Board of New South Wales v Osmond (1986) 159 CLR 656 at 666-667 Warren v Coombes (1979) 142 CLR 531 mentioned State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liquidation) (1999) 160 CLR 588 mentioned Dennis Willcox Pty Ltd v Federal Commissioner of Taxation (1988) 79 ALR 267 discussed COMCARE v ANNE LISA FORBUTT NO. T 1 of 2000 HEEREY J 22 JUNE 2000 MELBOURNE (HEARD IN HOBART)

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY T 1 of 2000

BETWEEN: COMCARE

Applicant

AND: ANNE LISA FORBUTT

Respondent

JUDGE: HEEREY J

DATE OF ORDER: 22 JUNE 2000

WHERE MADE: MELBOURNE (HEARD IN HOBART)

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant pay the respondent's costs including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.