Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Heffernan [2013] FCA 299 Citation: Comcare v Heffernan [2013] FCA 299
Appeal from: [2012] AATA 581
Parties: COMCARE v DANIEL HEFFERNAN
File number: NSD 1455 of 2012
Judge: EDMONDS J
Date of judgment: 8 April 2013
Catchwords: WORKERS COMPENSATION – whether provision of modified motor vehicle qualifies as "medical treatment" for the purposes of s 16(1) of Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether "curative apparatus" within para (h); whether "other similar aid or appliance" within para (f) of definition of "medical treatment" in s 4
Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4(1), 16, 36, 37, 39 Workers Compensation Act 1926 (NSW)
Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27 applied Austin v Deputy Secretary, Attorney-General's Department (1986) 12 FCR 22 cited Bresmac Pty Ltd v Starr (1992) 29 NSWLR 318 discussed G C Wood and Son (Australia) Pty Ltd v Cullen [1991] 2 VR 214 discussed Hart v Military Rehabilitation and Compensation Commission (2006) 92 ALD 678 discussed Morales v Minister for Immigration and Ethnic Affairs (1995) 60 FCR 550 cited Re Monk and Comcare (1996) 43 ALD 677 discussed Re Townley v Comcare [2004] AATA 252 discussed State Rail Authority of New South Wales v Collector of Customs (1991) 33 FCR 211 cited Thiele v The Commonwealth of Australia (1990) 22 FCR 345 referred to Thomas v Ferguson Transformers Pty Ltd [1979] 1 NSWLR 216 discussed W Smith v Federal Commissioner of Taxation (1982) 41 ALR 315 cited
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