Coulton v Comcare [2001] FCA 1312

FEDERAL COURT OF AUSTRALIA

Coulton v Comcare [2001] FCA 1312 WORKERS COMPENSATION - Appeal from decision of the Administrative Appeals Tribunal - whether Administrative Appeals Tribunal had jurisdiction to entertain the claims for assessment of permanent impairment in the absence of a reviewable decision - whether the Administrative Appeals Tribunal was incorrect in not considering s 6A of the Safety, Rehabilitation and Compensation Act 1988 (Cth) despite the absence of an evidential basis - whether the Administrative Appeals Tribunal dismissed the claim without the disclosure of sufficient reasons required by s 43 of the Administrative Appeals Tribunal Act 1975 (Cth) - whether the Administrative Appeals Tribunal decided each claim in isolation - whether the interposing of a witness denied the applicant procedural fairness.

Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 6A Lees v Comcare (1999) 56 ALD 84 Cited Paric v John Holland Constructions Pty Ltd (1985) 62 ALR 85 Cited Australian Postal Commission v Hayes (1989) 23 FCR 320 Cited Sims v O'Sullivan [1952] SASR 179 Cited BRUCE ROBIN COULTON v COMCARE Q 146 OF 2000 COOPER J BRISBANE 14 SEPTEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q146 OF 2000

On Appeal from the Administrative Appeals Tribunal constituted by

DW Muller, Senior Member, Brigadier IR Brumfield, CBE DSO RL, Member

and Doctor KP Kennedy, OBE, Member

BETWEEN: BRUCE COULTON

APPLICANT

AND: COMCARE

RESPONDENT

JUDGE: COOPER J

DATE OF ORDER: 14 SEPTEMBER 2001

WHERE MADE: BRISBANE

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