Lang v Comcare [2007] FCA 47

FEDERAL COURT OF AUSTRALIA

Lang v Comcare [2007] FCA 47

ADMINISTRATIVE LAW –judicial review – Commonwealth employee compensation claim – cancellation of compensation – whether Tribunal failed to take into account a relevant consideration – whether Tribunal failed to give written reasons as required by s 43 of the Administrative Appeals Tribunal Act– where notification of injury did not include the specific circumstances in which the injury allegedly occurred – where Tribunal purportedly excluded consideration of incident at a directions hearing prior to the final hearing – definition of 'injury' in Safety, Rehabilitation and Compensation Act – onus of proof in proceedings concerning cancellation of benefits

Administrative Appeals Tribunal Act 1975 (Cth) s 43 Compensation (Commonwealth Government Employees) Act 1971 (Cth) ss 53, 54 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 60, 62, 124 Compensation (Government Employees) Regulations 1971 (Cth) reg 15 Canute v Comcare (2006) 229 ALR 445 applied Comcare v Nichols (1999) FCA 209 cited Commonwealth of Australia v Borg [1991] FCA 710; (1994) 20 AAR 299 referred to Frosch v Comcare [2004] FCA 1642 referred to Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 referred to Phillips v The Commonwealth of Australia (1964) 110 CLR 347 referred to Telepacific Pty Limited v Commissioner of Taxation (2005) 218 ALR 85 applied Telstra Corporation Ltd v Hannaford [2006] FCAFC 87 cited Ward v Military Rehabilitation and Compensation Commission [2007] FCA 7 referred to DAVID LANG v COMCARE ACD16 OF 2006

STONE J

6 FEBRUARY 2007

SYDNEY (HEARD IN cANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD16 OF 2006