Comcare v Line [2002] FCA 553

FEDERAL COURT OF AUSTRALIA

Comcare v Line [2002] FCA 553

WORKERS' COMPENSATION – Commonwealth employees – weekly incapacity payments – calculation – amount able to be earned in "suitable employment" – construction of definition of "suitable employment" – employment terminated by Commonwealth after injury – Commonwealth did not offer re-employment – relevance of earnings from other employment. Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 4(1), 4(9), 14(1), 19

Wilson v Wilson's Tile Works Pty Ltd (1960) 104 CLR 328 applied Pulitano v Telstra Corporation Ltd (1998) 50 ALD 1015 considered Comcare v Chenhall (1996) 69 FCR 201 followed in part Telstra Corporation Ltd v Warner (1994) 20 AAR 259 referred to Federal Commissioner of Taxation v Raptis (1989) 89 ATC 4994 referred to Dornan v Riordan (1990) 24 FCR 564 referred to Webb v Repatriation Commission (1998) 51 ALD 575 distinguished Telstra Corporation Limited v Arden [1994] FCA 524 referred to Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham (2000) 74 ALJR 405 followed

COMCARE v TRACY LEAH LINE

W 222 OF 2001

CARR J

2 MAY 2002

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRLIA DISTRICT REGISTRY W222 OF 2001

BETWEEN: COMCARE

APPLICANT

AND: TRACY LEAH LINE

RESPONDENT

JUDGE: CARR J

DATE OF ORDER: 2 MAY 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Paragraph 1(b)(ii) of the decision of the Administrative Appeals Tribunal, made on 10 May 2001, be set aside. 2. The matter of the amount of compensation which the respondent is liable to pay, pursuant to s 19 of the Safety, Rehabilitation and Compensation Act 1988 (Cth), to the applicant for each week after the end of the period referred to in paragraph 1(b)(i) of the abovementioned decision until 20 June 1997 be remitted to the Tribunal for decision in accordance with the law. 3. The appeal otherwise be dismissed. 4. The applicant may, within 10 days, file and serve written submissions on the matter of costs. If it does so, the respondent may, within 10 days of such service, file and serve written submissions in reply on that matter. If the applicant does not file and serve any such submissions within 10 days, it must pay the respondent's costs of the application.