Telstra Corporation Ltd v Aboushadi [2004] FCA 811

FEDERAL COURT OF AUSTRALIA

Telstra Corporation Ltd v Aboushadi [2004] FCA 811 WORKERS COMPENSATION – Commonwealth employees – Appeal from decision of Administrative Appeals Tribunal ('the Tribunal') – Assessment of weekly compensation for incapacity for work in respect of an agreed period immediately following retirement of employee – Employee received superannuation pension on retirement – Effect of earlier consent orders made by the Tribunal – Whether later panel of the Tribunal erred in determining a second application for review on the basis that it had the power to substitute itself for decision-maker in relation to the earlier consent orders – Proper construction of terms of earlier consent orders – Whether the period of incapacity referred to in the consent orders should be regarded as an agreed definitive statement as to the total period of incapacity.

Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 14, 19, 20 Fletcher v Commissioner of Taxation (1988) 19 FCR 442 discussed Re Control Investment Pty Ltd and Australian Broadcasting Tribunal (No 2) (1981) 3 ALD 88 referred to Repatriation Commission v O'Brien (1985) 155 CLR 422 applied TELSTRA CORPORATION LIMITED v YOUSSEF ABOUSHADI N 167 of 2004 WILCOX J 25 JUNE 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 167 of 2004

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: TELSTRA CORPORATION LIMITED

APPLICANT

AND: YOUSSEF ABOUSHADI

RESPONDENT JUDGE: WILCOX J

DATE OF ORDER: 25 JUNE 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The order made by the Administrative Appeals Tribunal on 19 January 2004 be varied by deleting the words 'and the time of his retirement coincided in time at 4.51 pm on 13 September 1999' and substituting the words 'was immediately after midnight on the evening of 13-14 September 1999, being after his retirement at 4.51 pm on 13 September 1999'. 2. The appeal be otherwise dismissed. 3. The applicant, Telstra Corporation Limited, pay the costs of the respondent, Youssef Aboushadi. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.