Gabelish v Comcare [2001] FCA 618

FEDERAL COURT OF AUSTRALIA

Gabelish v Comcare [2001] FCA 618 ADMINISTRATIVE LAW – appeal – compensation for government employee – whether tribunal in error of law – whether tribunal took into account irrelevant consideration – whether tribunal failed to take into account a relevant consideration – whether tribunal failed to consider whether evidence of a contributing factor or contributing factor to a material degree – relevance of findings of no causal connection WORKERS COMPENSATION – government employee – whether tribunal in error of law in not considering whether evidence established a contributing factor or a contributing factor to a material degree Administrative Appeals Tribunal Act 1975 s 44(1) Treloar v Australian Telecommunications Commission (1990) 97 ALR 321, applied Waterford v Commonwealth (1987) 163 CLR 54, cited Australian Broadcasting Tribunal v Bond & Ors (1990) 170 CLR 321, referred to Reg v District Court; Ex parte White (1966) 116 CLR 644, cited ANTHONY JOHN GABELISH v COMCARE W 151 of 2000 RD NICHOLSON J 29 MAY 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 151 of 2000

BETWEEN: ANTHONY JOHN GABELISH

APPLICANT

AND: COMCARE

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 29 MAY 2001

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application by way of appeal be dismissed 2. The applicant pay the respondent's costs of the application to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 151 of 2000

BETWEEN: ANTHONY JOHN GABELISH

APPLICANT

AND: COMCARE

RESPONDENT

JUDGE: RD NICHOLSON J

DATE: 29 MAY 2001