Military Rehabilitation & Compensation Commission v Roberts [2007] FCA 1

FEDERAL COURT OF AUSTRALIA

Military Rehabilitation & Compensation Commission v Roberts [2007] FCA 1 WORKERS' COMPENSATION – Commonwealth employees' entitlement to compensation – employment related injury, disability or disease – arising out of employment – meaning of s 6(1)(a) of Safety, Rehabilitation and Compensation Act 1988 (Cth) DEFENCE AND WAR –defence forces – compensation for injuries and other civil actions Held: the respondent's injury arose out of her employment by virtue of the 'but for' test mandated by s 6(1)(a) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) 'Injury arising out of employee's employment' Safety, Rehabilitation and Compensation Act 1988 (Cth) s 4, s 6(1)(a) Bull v Attorney-General (NSW) (1913) 17 CLR 370 followed Esso v Commissioner of Taxation (1998) 83 FCR 511 followed Kennedy v Telstra Corporation (1995) 61 FCR 160 discussed Roncevich v Repatriation Commission (2005) 222 CLR 115 distinguished and applied Schmid v Comcare (2004) 77 ALD 782 discussed MILITARY REHABILITATION AND COMPENSATION COMMISSION v MICHELLE ROBERTS ACD 1 OF 2006

MADGWICK J

8 JANUARY 2007

SYDNEY (HEARD IN CANBERRA) IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 1 OF 2006

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY A SENIOR MEMBER

BETWEEN: MILITARY REHABILITATION AND COMPENSATION COMMISSION

Applicant

AND: MICHELLE ROBERTS

Respondent

JUDGE: MADGWICK J

DATE OF ORDER: 8 JANUARY 2007

WHERE MADE: SYDNEY (HEARD IN CANBERRA))

THE COURT ORDERS THAT:

1. The application be dismissed with costs. THE COURT ORDERS, BY CONSENT, THAT: 2. Pursuant to Order 3 rule 3, Order 52 rule 15 be varied to extend the time for filing an application to appeal to 29 January 2007. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA