Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ward v Military Rehabilitation and Compensation Commission [2007] FCA 7
ADMINISTRATIVE LAW – judicial review – Commonwealth employee compensation claim – whether Tribunal's failure to consider a medical report that was not relied upon by either party was a reviewable error – delay in making claim for compensation – whether applicant had reasonable cause for failure to make claim within six months of injury Commonwealth Employees' Compensation Act 1930 (Cth) s 9, 16 Safety, Rehabilitation and Compensation Act 1988 (Cth) s 62, 124 STEPHEN WARD v MILITARY REHABILITATION AND COMPENSATION COMMISSION NSD1871 OF 2004
STONE J
12 JANUARY 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1871 OF 2004
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: STEPHEN WARD
Applicant
AND: MILITARY REHABILITATION AND COMPENSATION COMMISSION
Respondent
JUDGE: STONE J
DATE OF ORDER: 12 JANUARY 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application 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
NEW SOUTH WALES DISTRICT REGISTRY NSD1871 OF 2004
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: STEPHEN WARD
Applicant
AND: MILITARY REHABILITATION AND COMPENSATION COMMISSION
Respondent
JUDGE: STONE J
DATE: 12 january 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT
Introduction 1 The applicant, Mr Stephen Ward, was injured on 31 August 1971 during his period of National Service as a conscript with the Australian Army. The injury occurred while he was lifting weights as part of his physical training. He lost control of the bar and it fell and struck him on the back of the neck. Mr Ward claims that this injury was the cause of his current serious spinal condition for which he sought compensation by a claim against Comcare lodged on 19 February 2002. 2 Comcare refused his claim for compensation and that decision was confirmed on review by the Administrative Appeals Tribunal, constituted by Senior Member Bell. Not surprisingly the lapse of time between the injury in 1971 and the claim in 2002 has, as the Tribunal expressed it, 'given rise to some complicating issues'.
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