Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Lofts [2013] FCA 1197 Citation: Comcare v Lofts [2013] FCA 1197
Parties: COMCARE v MICHELE LOFTS and ADMINISTRATIVE APPEALS TRIBUNAL
File number: VID 388 of 2013
Judge: MORTIMER J
Date of judgment: 18 November 2013
Catchwords: ADMINISTRATIVE LAW — jurisdiction of the Administrative Appeals Tribunal — scope of the reviewable decision — whether claim made by the respondent for costs of medical treatment under s 16 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) — Tribunal acted beyond jurisdiction — Tribunal decision set aside.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25, 44 Judiciary Act 1903 (Cth) s 39B Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 14, 16, 19, 24, 27, 54, 60, 62, 63, 64, 69(a)
Cases cited: Abrahams v Comcare (2006) 93 ALD 147 Australian Telecommunications Corporation v Davis (1991) 30 FCR 467 Canute v Comcare (2006) 226 CLR 535 Comcare v Holt (2007) 94 ALD 576 Comcare v Rope (2004) 135 FCR 443 Director-General of Social Services v Chaney (1980) 31 ALR 571 Fuad and Telstra Corp Ltd (2004) 39 AAR 496 Irwin v Military Rehabilitation and Compensation Commission (2009) 174 FCR 574 Lees v Comcare (1999) 56 ALD 84 Lofts and Comcare [2013] AATA 122 Telstra Corp Ltd v Hannaford (2006) 151 FCR 253 Telstra Corporation Ltd v Kotevski (2013) 209 FCR 558 Timbarra Protection Coalition Inc v Ross Mining NL (1999) 46 NSWLR 55 Yao v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 18
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