Kelk v Australian Postal Corporation [2014] FCA 147

FEDERAL COURT OF AUSTRALIA

Kelk v Australian Postal Corporation [2014] FCA 147 Citation: Kelk v Australian Postal Corporation [2014] FCA 147

Parties: ANDREA KELK v AUSTRALIAN POSTAL CORPORATION

File number(s): QUD 140 of 2013

Judge(s): GREENWOOD J

Date of judgment: 28 February 2014

Catchwords: ADMINISTRATIVE LAW – consideration of an appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – consideration of whether the applicant appellant has properly framed a question of law – consideration of whether the applicant appellant has demonstrated an error of law in the discharge of the review function by the Administrative Appeals Tribunal in reviewing a reconsideration decision made under the provisions of the Safety, Rehabilitation and Compensation Act 1988 (Cth)

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 25(4), 43(1), 44 Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 5A, 5B, 14, 19, 24, 27, 62(4), 64

Cases cited: Kelk and Australian Postal Corporation [2013] AATA 75 - cited Craig v South Australia (1995) 184 CLR 163 - cited and quoted Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 - cited Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 - cited Minister for Immigration & Multicultural Affairs v Al-Miahi [2001] FCA 744 - cited and quoted Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 - cited Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 - cited Minister for Immigration and Citizenship v Li (2013) 87 ALJR 618 - cited and quoted Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014 - cited House v The King (1936) 55 CLR 499 - cited