Secretary, Department of Family & Community Services v Mourilyan [2001] FCA 1583

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Family & Community Services v Mourilyan [2001] FCA 1583

ADMINISTRATIVE LAW – interest – characterisation of interest payment – calculation of a compensation preclusion period in respect of an award of compensation – whether the award of interest on past economic loss was in respect of lost earnings or lost capacity to earn –nature of an award of interest – construction of par 17(3)(b) of Social Security Act 1991 (Cth) Social Security Act 1991 (Cth), ss 17, 17(2), 17(3)(b), 1165 Supreme Court Act 1995 (Qld), s 47(1) Workers' Compensation Act (1990) (Qld) WorkCover Queensland Act (1996) (Qld) Hungerfords v Walker (1988) 171 CLR 125, considered Griffiths v Kerkemeyer (1976-1977) 139 CLR 161, considered Fox v Wood (1981) 148 CLR 438, considered SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES v KEVIN MOURILYAN Q 170 of 2000 DOWSETT J 12 NOVEMBER 2001 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 170 OF 2000

ON APPEAL FROM A SENIOR MEMBER OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

APPLICANT

AND: KEVIN MOURILYAN

RESPONDENT

JUDGE: DOWSETT J

DATE: 12 NOVEMBER 2001

PLACE: BRISBANE

REASONS FOR JUDGMENT

The appeal 1 This is an appeal from a decision of a senior member of the Administrative Appeals Tribunal (the "Tribunal") which decision reviewed an earlier decision of the Social Security Appeals Tribunal ("SSAT") pursuant to the Social Security Act 1991 (the "Act").

History 2 The respondent suffered a work-related injury on 2 December 1993 and thereafter received financial and other support pursuant to the Workers' Compensation Act (1990). That Act was replaced by the WorkCover Queensland Act (1996), which act was assented to on 12 December 1996. The respondent has also received payments pursuant to the Act. It seems that the Workers' Compensation payments continued until 14 June 1996 and that payments under the Act commenced from 27 June 1996. The respondent alleged negligence in the circumstances surrounding his injury and commenced proceedings in the District Court. On 26 August 1998 he recovered judgment.