Lower v Comcare [2002] FCA 1394

FEDERAL COURT OF AUSTRALIA

Lower v Comcare [2002] FCA 1394 ADMINISTRATIVE LAW – Appeal from decision of Administrative Appeals Tribunal ("Tribunal") refusing application to reinstate an earlier application for work related stress – original application dismissed by consent – applicant had withdrawn original application – power of Tribunal to dismiss original application – no consent by all parties to dismiss application by earlier Tribunal – whether Tribunal erred in treating dismissal of original application as a consent for dismissal – withdrawal of proceeding Administrative Appeals Tribunal Act 1975 (Cth) ss 42A, 44 Barber v Staffordshire County Council [1996] 2 All ER 748 cited Khan v Golechha International Ltd [1980] 1 WLR 1482 cited SCF Finance Co Ltd v Masri (No 3) [1987] QB 1028 cited The Owners of the Cargo of the "Kronprinz" v The Owners of the "Kronprinz" (1887) 12 App Cas 256 cited Re Stevenson and Commonwealth of Australia (1987) 7 AAR 343 discussed Schipp v Herfords Pty Ltd (1975) 1 NSWLR 412 discussed Boal Quay Wharfingers Ltd v King's Lynn Conservancy Board [1971] 1 WLR 1558 discussed R v Hampstead and St Pancras Rent Tribunal; Ex parte Goodman [1951] I KB 541 cited KEVIN BERTRAM LOWER v COMCARE S 147 0F 2001 TAMBERLIN J ADELAIDE (Heard by Video Conference) 15 NOVEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 147 OF 2001

BETWEEN: KEVIN BERTRAM LOWER

APPLICANT

AND: COMCARE

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 15 NOVEMBER 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The decision of the Tribunal be set aside. 2. The matter be remitted to the Tribunal for determination in accordance with law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.