Wiegand v Comcare Australia [2002] FCA 1464

FEDERAL COURT OF AUSTRALIA

Wiegand v Comcare Australia [2002] FCA 1464 COMPENSATION – appeal from a decision of the Administrative Appeals Tribunal – whether the applicant suffered an ailment or an aggravation of an ailment that was contributed to in a material degree by his employment with the Australian Taxation Office – applicant suffering a major depressive disorder – whether various events which occurred during the applicant's employment contributed to a material degree to an aggravation of that condition – whether condition and incapacity caused solely by underlying personality traits – appeal allowed. Administrative Appeals Tribunal Act 1975 (Cth), s 44 Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 4, 14 Federal Broom Co Pty Ltd v Semlitch (1964) 110 CLR 626 applied Treloar v Australian Telecommunications Commission (1990) 26 FCR 316 referred to Kirkpatrick v Commonwealth of Australia (1985) 9 FCR 36 distinguished JOACHIM WIEGAND v COMCARE AUSTRALIA S 183 of 2002 von DOUSSA J ADELAIDE 5 DECEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 183 OF 2002

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: JOACHIM WIEGAND

APPLICANT

AND: COMCARE AUSTRALIA

RESPONDENT

JUDGE: von DOUSSA J

DATE OF ORDER: 5 DECEMBER 2002

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. Appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) against the decision of the Administrative Appeals Tribunal dated 28 June 2002 allowed. 2. Decision of the Administrative Appeals Tribunal set aside. 3. Matter remitted to the Administrative Appeals Tribunal for re-hearing according to law. 4. No order as to costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.