Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Butler v Telstra Corporation [2007] FCA 1504
ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – whether denial of procedural fairness – whether AAT took into account irrelevant considerations – whether error of law – s 4(1) Safety, Rehabilitation and Compensation Act 1988 (Cth) – definition of 'injury' – Held: no denial of procedural fairness – considerations taken into account not irrelevant – no error of law – applications dismissed Safety, Rehabilitation and Compensation Act 1988 (Cth) s 4(1) Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5
Adelaide Stevedoring Co Ltd v Forst (1940) 64 CLR 538 cited TERESA ANNE BUTLER v TELSTRA CORPORATION LIMITED NSD 1473 OF 2006 TERESA ANNE BUTLER v ADMINISTRATIVE APPEALS TRIBUNAL AND TELSTRA CORPORATION LIMITED NSD 2215 OF 2006
BRANSON J
27 SEPTEMBER 2007
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1473 OF 2006
BETWEEN: TERESA ANNE BUTLER
Applicant
AND: TELSTRA CORPORATION LIMITED
Respondent
JUDGE: BRANSON J DATE OF ORDER: 27 SEPTEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pays the costs of the respondent. 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 NSD 2215 OF 2006
BETWEEN: TERESA ANNE BUTLER
Applicant
AND: ADMINISTRATIVE APPEALS TRIBUNAL
First Respondent
TELSTRA CORPORATION LIMITED
Second Respondent
JUDGE: BRANSON J DATE OF ORDER: 27 SEPTEMBER 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pays the costs of the second respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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