Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Nicolas [2014] FCAFC 122 Citation: Comcare v Nicolas [2014] FCAFC 122
Appeal from: Nicolas and Comcare [2014] AATA 189
Parties: COMCARE v ANNABELLE NICOLAS
File number(s): NSD 438 of 2014
Judge(s): EDMONDS, BUCHANAN AND FLICK JJ
Date of judgment: 22 September 2014
Catchwords: WORKER'S COMPENSATION – appeal from a decision of the AAT under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – compensation for injury calculated under s 8 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – calculation of relevant period under s 9 – where the relevant period for the purposes of s 8 may not fairly reflect normal pre-injury weekly earnings – whether two-week period prior to injury was fairly representative of normal weekly earnings where employee worked shortened hours under a graduated return to work program
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44(7) Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 4, 8, 8(1), 8(2), 8(4), 8(5), 9, 9(1), 9(2), 9(3), 9(4), 19 Workplace Relations Act 1996 (Cth)
Cases cited: Nicolas and Comcare [2014] AATA 189
Date of hearing: 18 August 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 51
Solicitor for the Applicant: Mr B Dube, Sparke Helmore Lawyers
Counsel for the Respondent: Ms M Fraser
Solicitor for the Respondent: Castagnet Lawyers
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 438 of 2014
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate