Lee v Military Rehabilitation and Compensation Commission [2006] FCA 1508

FEDERAL COURT OF AUSTRALIA

Lee v Military Rehabilitation and Compensation Commission [2006] FCA 1508 ADMINISTRATIVE LAW – application for extension of time to appeal from Administrative Appeals Tribunal – where Tribunal affirmed determination of respondent that applicant's impairment should be assessed according to Compensation (Commonwealth Government Employees) Act 1971 (Cth) rather than Safety Rehabilitation and Compensation Act 1988 (Cth) WORKERS' COMPENSATION – where applicant suffered from cellulitis condition in right leg from injury occurring before commencement date of Safety Rehabilitation and Compensation Act 1988 – where applicant asymptomatic between 1984 and 1998 – whether impairment occurred before the commencement of the relevant provisions of the SRC Act – whether applicant entitled to compensation for permanent impairment under SRC Act

Department of Defence v West (1998) 85 FCR 491 applied JOHN LEE v MILITARY REHABILITATION AND COMPENSATION COMMISSION NSD 1058 OF 2006

MOORE J

15 November 2006

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1058 OF 2006

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: JOHN LEE

Applicant

AND: MILITARY REHABILITATION AND COMPENSATION COMMISSION

Respondent

JUDGE: MOORE J

DATE OF ORDER: 15 NOVEMBER 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Time for filing the notice of appeal is extended to 2 June 2006. 2. The appeal be allowed. 3. The decision of the Administrative Appeals Tribunal be set aside. 4. The matter be remitted to the Administrative Appeals Tribunal for hearing and determination according to law. 5. The respondent pay the applicant's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA