Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Pantic [2012] FCA 388 Citation: Comcare v Pantic [2012] FCA 388
Parties: COMCARE v LJUBINKA PANTIC
File number: ACD 28 of 2011
Judge: FINN J
Date of judgment: 18 April 2012
Catchwords: COMPENSATION – permanent impairment occurred before 1988 Act – effect of transitional provisions – whether employee entitled to lump sum benefit for permanent impairment where weekly benefits already received for incapacity for work for a period of twelve years which ended when employee no longer entitled to be paid incapacity benefits because of s 23 of the Safety, Rehabilitation and Compensation Act 1988 (Cth).
Legislation: Safety Rehabilitation and Compensation Act 1988 (Cth) ss 4, 19, 21, 23, 24, 27, 28, 124, 135 and 136 Compensation (Commonwealth Government Employees) Act 1971 (Cth) ss 26, 39, 45, 46, 47, 49 and 50 Administrative Appeals Tribunal Act 1975 (Cth) s 44
Cases cited: Comcare Australia v Mathieson (2004) 79 ALD 518 cited Hoyle v Telstra Corporation Ltd (1997) 145 ALR 148 applied Birdseye v Australian Securities and Investments Commission (2003) 76 ALD 321 cited
Date of hearing: 4 November 2011
Date of last submissions: 3 February 2012
Place: Adelaide (Heard in Canberra)
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 43
Counsel for the Applicant: Mr A Berger
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondent: Mr J Glissan QC with Mr Anforth
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