Cooper v Comcare [2001] FCA 1085

FEDERAL COURT OF AUSTRALIA

Cooper v Comcare [2001] FCA 1085

WORKERS COMPENSATION – Commonwealth employees – weekly payments – incapacity and retirement preceding 1988 Act – entitlement derived from two separate injuries sustained prior to 1988 – discontinuance of entitlement in respect of one injury but continuance of weekly payments based on entitlement in respect of other injury – whether subject to age based reduction of payments upon turning 65 - whether worker a "former employee" to whom age based reductions applicable – whether worker in receipt of weekly payments in respect of injury at commencement of Safety, Rehabilitation and Compensation Act 1988 (Cth) - Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 123 and 134 ADMINISTRATIVE LAW – Administrative Appeals Tribunal applications for review – frivolous and vexatious – summary dismissal of application – whether any advantage in summary disposition – facts undisputed – question of law – substantive determination productive of greater finality – jurisdiction of Court to entertain appeal against summary disposition WORDS AND PHRASES - "former employee", "receiving weekly payments of compensation" Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 123, 132, 132A, 134 Administrative Appeals Tribunal Act 1975 (Cth) s 42B

Re Williams and Australian Electoral Commission (1995) 21 AAR 467 cited Australian Postal Corporation v Matusko (unrep, Fed Court, Olney J 14 May 1996) cited Board of Examiners under the Mines Safety and Inspection Act 1994 (WA) v Lawrence (2000) 100 FCR 255 cited Comcare v Neil (1993) 41 FCR 517 distinguished JAMES COOPER v COMCARE W199 OF 2001 FRENCH J 9 AUGUST 2001 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W199 OF 2001

BETWEEN: JAMES COOPER

APPLICANT