Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
James v Comcare [2011] FCA 1030 Citation: James v Comcare [2011] FCA 1030
Appeal from: James v Comcare [2010] AATA 393
Parties: ALLAN JAMES v COMCARE
File number: ACD 25 of 2010
Judge: FOSTER J
Date of judgment: 2 September 2011
Catchwords: ADMINISTRATIVE LAW – appeal from the Administrative Appeals Tribunal pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – whether the applicant has made out that there was no evidence to support certain findings of primary fact – whether the applicant has also made out that certain inferences apparently drawn by the Administrative Appeals Tribunal were reasonably open – whether, in the event that the postulated questions of law are answered favourably to the applicant, the matter should be remitted to the Administrative Appeals Tribunal for further consideration
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 5, 5A, 5B, 19, 20, 21, 21A, 22
Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Birdseye v Australian Securities and Investments Commission (2003) 76 ALD 321 cited Clements v Independent Indigenous Advisory Committee (2003) 131 FCR 28 cited Husband v Repatriation Commission (2000) 171 ALR 69 cited Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41 cited
Date of hearing: 28 February 2011
Place: Sydney via video link to Canberra (heard in Canberra)
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