Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smith v Comcare [2012] FCA 502 Citation: Smith v Comcare [2012] FCA 502
Appeal from: Smith v Comcare [2011] AATA 662
Parties: LAWRENCE SMITH v COMCARE
File number: ACD 58 of 2011
Judge: PERRAM J
Date of judgment: 18 May 2012
Catchwords: ADMINISTRATIVE LAW – Appeal from Administrative Appeals Tribunal – determination of whether applicant's injuries had been materially contributed to by employment for the purposes of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether Tribunal had impermissibly focused on a single year of employment
Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4(1), 7(4), 14(1) Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (Cth) sch 1, s 42
Date of hearing: 13 April 2012
Place: Sydney (Heard in Canberra)
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 27
Counsel for the Applicant: Mr J Fernon SC, Mr J Mrsic
Solicitor for the Applicant: TD Kelly & Co Solicitors
Counsel for the Respondent: Mr D Richards
Solicitor for the Respondent: DibbsBarker
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION ACD 58 of 2011
BETWEEN: LAWRENCE SMITH
Applicant
AND: COMCARE
Respondent
JUDGE: PERRAM J DATE OF ORDER: 18 May 2012 WHERE MADE: SYDNEY ( HEARD IN CANBERRA)
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The applicant pay the respondent's costs as taxed or agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
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