Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Clement v Comcare [2014] FCA 654 Citation: Clement v Comcare [2014] FCA 654
Appeal from: Clement v Comcare [2013] AATA 638
Parties: KRISTINE CLEMENT v COMCARE
File number: ACD 103 of 2013
Judge: FLICK J
Date of judgment: 20 June 2014
Catchwords: ADMINISTRATIVE LAW – Administrative Appeals Tribunal – reliance upon earlier decision – absence of any question of law – irrelevance of submissions to claims for compensation being made – impermissible challenge to finding as to the absence of any compensable injury
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 39, 44 Australian Constitution s 77 Crimes Act 1914 (Cth) Federal Court Rules 2011 (Cth) r 33.12 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 36, 37
Cases cited: Australian Securities and Investments Commission v Saxby Bridge Financial Planning Pty Ltd [2003] FCAFC 244, (2003) 133 FCR 290 Birdseye v Australian Securities and Investments Commission [2003] FCAFC 232, (2003) 38 AAR 55 Clement v Comcare [2012] FCAFC 118 Clement v Comcare [2012] FCA 166 Morales v Minister for Immigration and Multicultural Affairs (1998) 82 FCR 374 Rana v Military Rehabilitation and Compensation Commission [2011] FCAFC 80, (2011) 55 AAR 300 Re Clement and Comcare [2010] AATA 296 Re Clement and Comcare [2013] AATA 638Re Shaeed and Tax Practitioners' Board [2011] AATA 938, (2011) 56 AAR 222 Telstra Corporation Ltd v Hannaford [2006] FCAFC 87, (2006) 151 FCR 253
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