Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
O'Kane v Comcare [2014] FCA 341 Citation: O'Kane v Comcare [2014] FCA 341
Appeal from: O'Kane v Comcare [2013] AATA 722
Parties: LAURENCE O'KANE v COMCARE
File number: ACD 106 of 2013
Judge: ROBERTSON J
Date of judgment: 9 April 2014
Catchwords: WORKERS' COMPENSATION – appeal from Administrative Appeals Tribunal – claims of hearing loss and tinnitus – whether legal error in the Tribunal's finding that applicant suffered injury other than a disease – whether in those circumstances, as a matter of construction, s 7(2) or s 7(3) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) had any application ADMINISTRATIVE LAW – whether failure to give reasons in respect of issues which, on the findings of the Tribunal, did not arise
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43(2B) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4(1), 5A, 5B, 7(2), 7(3)
Cases cited: Australian Postal Corporation v Burch (1998) 85 FCR 264 Collins v Administrative Appeals Tribunal (2007) 163 FCR 35 Comcare v Etheridge (2006) 149 FCR 522 Comcare v Martinez (No 2) (2013) 212 FCR 272 Industry Research & Development Board v Bridgestone Australia Ltd (2001) 109 FCR 564 Kennedy Cleaning Services Pty Ltd v Petkoska (2000) 200 CLR 286 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Re Sandercock and Military Rehabilitation and Compensation Commission [2013] AATA 517 Re Tralongo and Military Rehabilitation and Compensation Commission [2004] AATA 1242 Zickar v MGH Plastic Industries Pty Ltd (1996) 187 CLR 310
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