Joyce v Australian Postal Corporation [2002] FCA 854

FEDERAL COURT OF AUSTRALIA

Joyce v Australian Postal Corporation [2002] FCA 854

ADMINISTRATIVE LAW - appeal from Administrative Appeals Tribunal (AAT) – employees' compensation – incapacity for work through post traumatic stress disorder (PTSD) – finding that effects of PTSD had ceased by a particular date and employee's mental condition after that date due to personal and family circumstances – whether AAT considered whole of evidence of consulting psychiatrist – whether AAT obliged to refer to every item of evidence conflicting with its finding – whether question of law raised in appeal

Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2)(B), 44(1) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4(1), 6, 14, 16, 19, 67 Commissioner of Taxation (Cth) v Cainero (1988) 15 ALD 368 considered Bisley Investment Corporation v Australian Broadcasting Tribunal (1982) 40 ALR 233 considered Blackwood Hodge (Australia) Pty Ltd v Collector of Customs, New South Wales (No 2) (1980) 3 ALD 38 considered Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham [2000] HCA 1 (2000) 168 ALR 407 applied TERRYANN JOYCE v AUSTRALIAN POSTAL CORPORATION V 703 of 2001 GRAY J 5 JULY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 703 of 2001

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: TERRYANN JOYCE

APPLICANT

AND: AUSTRALIAN POSTAL CORPORATION

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 5 JULY 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 703 of 2001