Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Freeman v Fleetmaster Services Pty Ltd [2013] FCA 1068 Citation: Freeman v Fleetmaster Services Pty Ltd [2013] FCA 1068
Appeal from: [2013] AATA 38
Parties: MICHAEL FREEMAN v FLEETMASTER SERVICES PTY LTD
File number: NSD 243 of 2013
Judge: EDMONDS J
Date of judgment: 23 October 2013
Catchwords: ADMINISTRATIVE LAW – workers' compensation – s 37(7) of the Safety Rehabilitation and Compensation Act 1988 (Cth) – whether reasonable excuse for failing or refusing to undertake rehabilitation program – no error of law by Tribunal PRACTICE AND PROCEDURE – leave sought to file and rely on further amended notice of appeal raising validity of s 37(1) determination going to Tribunal's jurisdiction – not raised in the Tribunal nor capable of being raised – not appropriate to be raised on appeal on a question of law pursuant to s 44(1) of AAT Act – leave refused
Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 37, 38, 62 Administrative Appeals Tribunal Act 1975 (Cth) s 44 Federal Court Rules 2011 rr 33.12, 33.15 Federal Court Rules 1979 O 53 r 3
Cases cited: Australian Postal Corporation v Forgie (2003) 130 FCR 279 cited Australian Telecommunications Corporation v Lambroglou (1990) 12 AAR 515 followed Birdseye v Australian Securities and Investments Commission (2003) 76 ALD 321 followed Comcare v Singh [2012] FCA 136 (24 February 2012) cited TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 cited
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