Australian Postal Corporation v Sellick [2008] FCA 236

FEDERAL COURT OF AUSTRALIA

Australian Postal Corporation v Sellick [2008] FCA 236 ADMINISTRATIVE LAW – decision of Administrative Appeals Tribunal setting aside two reviewable decisions under Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether Tribunal made findings of fact in support of which there was no evidence or forgot or ignored evidence – Tribunal did not make findings of fact in support of which there was no evidence or forget evidence in relation to first reviewable decision – whether Tribunal failed to consider submissions of substance – Tribunal not obliged to refer to every aspect of evidence or submissions supporting its view – whether compensable injuries found were properly the subject of a claim under the Safety, Rehabilitation and Compensation Act or properly considered to be the same injury as that originally notified – Tribunal did not explain how additional conditions arose out of claimed injury – Tribunal accepted respondent no longer suffered from effects of injury as originally notified and claimed – Tribunal did not give sufficient reasons for decision that compensable injuries were related to claimed injury – Tribunal failed to consider important alternative explanation in relation to second reviewable decision – finding of material fact for which there was no evidence – both reviewable decisions to be remitted to Tribunal ADMINISTRATIVE LAW – applicant appeals under s 44 of Administrative Appeals Tribunal Act 1975 (Cth), s 5 of Administrative Decisions (Judicial Review) Act 1977 (Cth) and s 39B of Judiciary Act 1903 (Cth) – grounds of appeal same – whether Court has jurisdiction under both applications – whether judicial review be limited to question of law – whether Court should exercise discretion to restrict to questions of law – Comcare v Etheridge (2006) applied – applications heard simultaneously