Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kennedy v Comcare [2014] FCA 82 Citation: Kennedy v Comcare [2014] FCA 82
Appeal from: Kennedy v Comcare [2013] AATA 696
Parties: JULIE KENNEDY v COMCARE and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 2223 of 2013
Judge: KATZMANN J
Date of judgment: 18 February 2014
Catchwords: WORKERS' COMPENSATION – Commonwealth employees – jurisdiction of Administrative Appeals Tribunal – whether Tribunal erred in law in failing to consider a claim – proper construction of claim – Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 5A, 5B, 14, 54, 60, 61, 62, 64 – Administrative Appeals Tribunal Act 1975 (Cth), s 25 PRACTICE AND PROCEDURE – application for judicial review for alleged errors of law by Administrative Appeals Tribunal – whether proceeding properly constituted where applicant could have filed a notice of appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) ADMINISTRATIVE LAW – judicial review – whether discretion should be exercised to refuse application, where notice of appeal could have been filed under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – Administrative Decisions (Judicial Review) Act 1977 (Cth), s 10
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 25 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 10 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 5A, 5B, 14, 54, 60, 61, 62, 64
Cases cited: Abrahams v Comcare (2006) 93 ALD 147; [2006] FCA 1829 ActewAGL Distribution v Australian Energy Regulator (2011) 195 FCR 142 Birdseye v Australian Securities and Investments Commission (2003) 76 ALD 321; [2003] FCAFC 232 Clements v Independent Indigenous Advisory Committee (2003) 131 FCR 28 Comcare v Burton (1998) 50 ALD 846; [1998] FCA 1144 Comcare v Etheridge (2006) 227 ALR 75; [2006] FCAFC 27 David Jones Finance & Investment Pty Ltd v Commissioner of Taxation (1991) 28 FCR 484 Dennis Willcox Pty Ltd v Federal Commissioner of Taxation (1988) 79 ALR 267 Geographical Indications Committee v The Honourable Justice O'Connor (2000) 64 ALD 325; [2000] FCA 1877 Irwin v Military Rehabilitation and Compensation Commission (2009) 174 FCR 574 Kimberly Clark Ltd v Commissioner of Patents (1988) 83 ALR 714 Lees v Comcare (1999) 56 ALD 84; [1999] FCA 753 Szabo v Comcare (2012) 58 AAR 152; [2012] FCAFC 129 Telstra Corporation Ltd v Kotevski (2013) 209 FCR 558 Tuite v Administrative Appeals Tribunal (1993) 40 FCR 483
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