Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McGuire v Comcare [2004] FCA 848 COMPENSATION – claim for permanent impairment – cervical spine – tribunal not in error of law in concluding no claim for lump sum compensation available – tribunal not in error of law in conclusion of fact that permanent impairment arose well prior to 1 December 1988 Administrative Appeals Tribunal Act 1975 (Cth) s 44 Commonwealth Employees' Compensation Act 1930 (Cth) ss 12, 19(1), Compensation (Commonwealth Government Employees) Act 1971 (Cth) s 39 Judiciary Act 1903 (Cth) s 78(1) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 24, 64, 124(3)
Australian Competition & Consumer Commission v CG Berbatis Holdings Pty Ltd (1999) 95 FCR 292 applied Department of Defence v West (1998) 85 FCR 491 followed McGuire v Comcare [2002] AATA 268 affirmed Naraim v Parnell (1986) 9 FCR 479 referred to Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 cited Waterford v Commonwealth (1987) 163 CLR 54 referred to ALEXANDER KYLE McGUIRE v COMCARE (DEPARTMENT OF DEFENCE) W141 of 2002 RD NICHOLSON J 2 JULY 2004 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W141 OF 2002
BETWEEN: ALEXANDER KYLE McGUIRE
APPLICANT
AND: COMCARE (DEPARTMENT OF DEFENCE)
RESPONDENT
JUDGE: RD NICHOLSON J
DATE OF ORDER: 2 JULY 2004
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The application by way of appeal be dismissed. 2. The applicant pay the respondent's costs of the application Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W141 OF 2002
BETWEEN: ALEXANDER KYLE McGUIRE
APPLICANT
AND: COMCARE (DEPARTMENT OF DEFENCE)
RESPONDENT
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