Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Szabo v Comcare [2012] FCA 28 Citation: Szabo v Comcare [2012] FCA 28
Appeal from: Szabo v Comcare [2011] AATA 114
Parties: LAZLO SZABO v COMCARE
File number: NSD 323 of 2011
Judge: STONE J
Date of judgment: 30 January 2012
Catchwords: ADMINISTRATIVE LAW – s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – appeal from decision of Administrative Appeals Tribunal that applicant not entitled to compensation under ss 16 and 29 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) from 13 June 2008 for a lower back injury sustained on 20 June 1989 – characterisation of applicant's claim for compensation – whether Tribunal erred in law in finding that claim was not a "nature and conditions" claim – whether Tribunal erred in law in determining that it had no jurisdiction to consider a nature and conditions claim – whether applicant had been denied procedural fairness – principles applicable to construction of compensation claims – Tribunal entitled to make findings of fact – no error of law – appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 14, 16, 29
Cases cited: Abrahams v Comcare (2006) 93 ALD 147 Australian Postal Corporation v Sellick (2008) 245 ALR 561 Durham v TNT Australia Pty Ltd [2011] AATA 802 Sellick v Australian Postal Corporation (2009) 113 ALD 58
Date of hearing: 5 September 2011
Place: Sydney
Division: GENERAL DIVISION
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