Slater v Telstra [2004] FCA 476

FEDERAL COURT OF AUSTRALIA

Slater v Telstra [2004] FCA 476 ADMINISTRATIVE LAW – Worker's Compensation – appeal from the decision of the Administrative Appeals Tribunal after remittal by the Full Court of the Federal Court – appeal lies only on questions of law – appeal substantially challenges findings of fact - ordinary requirements of fresh evidence Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 14 and 19 Administrative Appeals Tribunal Act 1975 (Cth) s 44

Waterford v The Commonwealth of Australia (1986-1987) 163 CLR 54 followed Commissioner of Taxation v Glennan (1999) 90 FCR 538 referred to Casarotto v Australian Postal Commission (1989) 86 ALR 399 considered Servos v Repatriation Commission (1995) 129 ALR 509 followed Orr v Holmes (1948) 76 CLR 632 referred to Florance v Andrew (1984-1985) 58 ALR 377 followed Campbell and Waller, Principles of Evidence and Administrative Tribunals, (ed) "Well and Truly Tried" Monash Studies in Law (1982) GORDON SLATER v TELSTRA CORPORATION LIMITED Q 121 of 2002 SPENDER J BRISBANE 23 APRIL 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 121 OF 2002

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MEMBER R.G. KENNY

BETWEEN: GORDON SLATER

APPLICANT

AND: TELSTRA CORPORATION LIMITED

RESPONDENT

JUDGE: BRISBANE

DATE OF ORDER: 23 APRIL 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 121 OF 2002

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MEMBER R.G. KENNY