Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Martin v Australian Postal Corporation [2000] FCA 1646 WORKERS COMPENSATION – Commonwealth legislation – Claimed incapacity for work – Challenge to decision of Administrative Appeals Tribunal – Tribunal found that claimant was fit for full-time work subject to certain specified restrictions – No finding as to whether such work was available to him – Whether Tribunal erred in law in omitting to make that finding – Steps to be taken by Tribunal where the available evidence was inadequate.
Safety Rehabilitation and Compensation Act 1988, ss 14 and 19
JOHN MARTIN v AUSTRALIAN POSTAL CORPORATION N856 of 2000 WILCOX J SYDNEY 17 NOVEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N856 of 2000
BETWEEN: JOHN MARTIN
Applicant
AND: AUSTRALIAN POSTAL CORPORATION
Respondent
JUDGE: WILCOX J
DATE OF ORDER: 17 NOVEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. That part of the decision of the Administrative Appeals Tribunal dated 13 July 2000, as is contained in the second paragraph thereof, commencing with the words "In substitution therefore" and ending with the words "amount of compensation" be set aside. 2. The matter be remitted to the Tribunal for further hearing, with such further evidence as may be provided or required, and determination according to law. 3. The respondent, Australian Postal Corporation, pay the costs of the applicant, John Martin. 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 N856 of 2000
BETWEEN: JOHN MARTIN
Applicant
AND: AUSTRALIAN POSTAL CORPORATION
Respondent
JUDGE: WILCOX J
DATE: 17 NOVEMBER 2000
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