Goodricke v Comcare [2011] FCA 694

FEDERAL COURT OF AUSTRALIA

Goodricke v Comcare [2011] FCA 694 Citation: Goodricke v Comcare [2011] FCA 694

Appeal from: Re Goodricke and Comcare [2010] AATA 410

Parties: PETER GOODRICKE v COMCARE

File number: ACD 27 of 2010

Judge: FLICK J

Date of judgment: 20 June 2011

Catchwords: PRACTICE AND PROCEDURE – appeal from Administrative Appeals Tribunal – failure to identify question of law – unrepresented party – ability to reframe questions – appeal dismissed ADMINISTRATIVE LAW – reasonable opportunity to present case

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33(1)(b), 39, 44 Federal Court of Australia Act 1976 (Cth) s 31A(2) Federal Court Rules O 53 r 3(2)(b) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 8, 19

Cases cited: Birdseye v Australian Securities and Investments Commission [2003] FCAFC 232, 76 ALD 321, referred to Brown v Repatriation Commission (1985) 7 FCR 302, considered Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409, cited Goodricke and Comcare, Re [2010] AATA 410, considered Ibarcena v Secretary, Department of Family and Community Services [2001] FCA 453, 33 AAR 76, referred to Kowalski v Military Rehabilitation and Compensation Commission [2010] FCAFC 10, 114 ALD 8, cited Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438, referred to Naisauvou v Minister for Immigration and Multicultural Affairs [1999] FCA 86, 89 FCR 435, considered Opitz v Repatriation Commission (1991) 29 FCR 50, referred to Rana v Military Rehabilitation and Compensation Commission [2011] FCAFC 80, referred to Robinson, Re [1955] NZLR 106, cited Secretary, Department of Education, Employment and Workplace Relations v Ergin [2010] FCA 1438, referred to Secretary, Department of Family and Community Services v Verney [2000] FCA 570, 60 ALD 737, referred to Sullivan v Department of Transport (1978) 20 ALR 323, referred to Woodley v Woodley and Meldrum [1928] NZLR 465, cited Benjamin, Commissioner Robert M, 'Administrative Adjudication in the State of New York: Report to the Honourable Herbert H. Lehman', 1942.