Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Military Rehabilitation & Compensation Commission v Clark [2006] FCA 306
COMMONWEALTH COMPENSATION – appeal from Administrative Appeals Tribunal – respondent naval rating injured while travelling to residence from naval base after attending function – whether function work-related – whether function had ceased to be work-related at time respondent departed – whether at that time base was "place of work" – whether findings open to Tribunal WORDS AND PHRASES – "place of work" Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 4, 6(b)(ii) Administrative Appeals Tribunal Act 1975 (Cth), ss 43(2B), 44 Maunder v Commonwealth (1983) 51 ALR 44 at 49 cited Gregory v Comcare Australia (1997) 72 FCR 196 at 202 cited Roncevich v Repatriation Commission (2005) 218 ALR 733 at [23] applied Hatzimanolis v ANI Corporation Limited (1992) 173 CLR 473 distinguished MILITARY REHABILITATION AND COMPENSATION COMMISSION v DAVID ANDREW CLARK NO. TAD 19 OF 2005 HEEREY J 28 MARCH 2006 MELBOURNE (HEARD IN HOBART)
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TAD 19 OF 2005
BETWEEN: MILITARY REHABILITATION AND COMPENSATION COMMISSION
APPLICANT
AND: DAVID ANDREW CLARK
RESPONDENT
JUDGE: HEEREY
DATE OF ORDER: 28 MARCH 2006
WHERE MADE: MELBOURNE (HEARD IN HOBART)
THE COURT ORDERS THAT:
1. The appeal is dismissed.
2. The applicant pay the respondent's costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TAD 19 OF 2005
BETWEEN: MILITARY REHABILITATION AND COMPENSATION COMMISSION
APPLICANT
AND: DAVID ANDREW CLARK
RESPONDENT
JUDGE: HEEREY
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