Cooper v Comcare [2002] FCA 788

FEDERAL COURT OF AUSTRALIA

Cooper v Comcare [2002] FCA 788 COMPENSATION – commonwealth employees – claim by applicant for lump sum compensation for permanent impairment of lower back – finding by Administrative Appeals Tribunal that impairment became permanent from 1 December 1988 – Tribunal decision given on 8 October 1999 – present application by applicant for extension of time within which to appeal – motion by respondent to dismiss application as frivolous – whether findings of fact by Tribunal unchallengeable – whether Tribunal findings preclude liability for lump sum payment in respect of lower back as a matter of law Administrative Appeals Tribunal Act 1975 (Cth) ss 44(1), 44(2A), 44(2A)(a), Compensation (Commonwealth Government Employees) Act 1971 (Cth) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 24, 27 Federal Court Rules O 20 r 2(1)

Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 referred to Comcare v A'Hearn (1993) 45 FCR 441 referred to Department of Social Security v Van Den Boogaart (1995) 37 ALD 619 referred to Comcare v Levett (1995) 60 FCR 14 followed Walton v Gardiner (1993) 177 CLR 378 referred to JAMES COOPER v COMCARE W150 of 2002 RD NICHOLSON J 20 JUNE 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W150 of 2002

BETWEEN: JAMES COOPER

APPLICANT

AND: COMCARE

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 20 JUNE 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The respondent's motion to dismiss the applicant's application for an extension of time to file and serve a notice of appeal be allowed. 2. The applicant's application for an extension of time to file and serve a notice of appeal from the Administrative Appeals Tribunal decision given on 8 October 1999 be dismissed. 3. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.