Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kowalski v Military Rehabilitation and Compensation Commission [2010] FCA 408 Citation: Kowalski v Military Rehabilitation and Compensation Commission [2010] FCA 408
Appeal from: Kowalski v Military Rehabilitation and Compensation Commission [2009] AATA 382
Parties: KAZIMIR KOWALSKI v MILITARY REHABILITATION AND COMPENSATION COMMISSION
File number: SAD 75 of 2009
Judge: MANSFIELD J
Date of judgment: 30 April 2010
Catchwords: ADMINISTRATIVE LAW – appeal from decision of the Administrative Appeals Tribunal – where the AAT affirmed the Military Rehabilitation and Compensation Commission's decision rejecting a claim for compensation – whether Compensation (Commonwealth Government Employees) Act 1971 (Cth) applies – application of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – consideration of whether gastro oesophageal reflux disease was caused or contributed to by employment – consideration of "material degree" test in relation to the definition of disease – errors in fact finding not errors on a matter of law as required by s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – appellant asserted procedural fairness was not afforded to him – no denial of procedural fairness – appeal dismissed
Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4(1), 7(4) and 124 Compensation (Commonwealth Government Employees) Act 1971 (Cth) s 29 Administrative Appeals Tribunal Act 1975 (Cth) ss 37, 38, 39 and 44 Veterans' Entitlements Act 1986 (Cth)
Cases cited: Waterford v The Commonwealth of Australia (1987) 163 CLR 54 cited TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 cited Kowalski v Repatriation Commission [2008] AATA 903 discussed Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143 cited Donnelly v Repatriation Commission (1987) 73 ALR 350 cited 3D Scaffolding Pty Limited v Commissioner of Taxation [2008] FCA 1477 cited Kowalski v Military Rehabilitation and Compensation Commission [2010] FCAFC 10 cited Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 cited Johnson v Johnson (2000) 201 CLR 488 cited Treloar v Australian Telecommunications Commission (1990) 26 FCR 316 discussed Comcare v Sahu-Khan [2007] FCA 15 discussed Lees v Repatriation Commission [2002] FCAFC 398 cited
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