Smith v Comcare [2014] FCA 811

FEDERAL COURT OF AUSTRALIA

Smith v Comcare [2014] FCA 811 Citation: Smith v Comcare [2014] FCA 811

Appeal from: Smith and Comcare [2014] AATA 28

Parties: LAWRENCE SMITH v COMCARE

File number: ACD 9 of 2014

Judge: ROBERTSON J

Date of judgment: 5 August 2014

Catchwords: WORKERS' COMPENSATION – appeal from Administrative Appeals Tribunal – earlier decision of the Tribunal subject of judicial review by a Full Court of the Federal Court of Australia – effect of the orders of the Full Court allowing appeal and remitting matter to the Tribunal for further consideration and determination according to law – whether Tribunal failed to carry out its second review in accordance with the orders of the Full Court – whether those orders required the second Tribunal to consider afresh whether the applicant's Commonwealth employment contributed in a material degree to the aggravation of the applicant's osteoarthritis of the right hip – whether no evidence to support the Tribunal's finding that there was no material contribution – whether the Tribunal failed to take into account relevant evidence – whether Tribunal failed to comply with its duty to give reasons

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 14

Cases cited: Athens v Randwick City Council [2005] NSWCA 317; (2005) 64 NSWLR 58 Minister for Immigration and Multicultural Affairs v Wang [2003] HCA 11; (2003) 215 CLR 518 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Peacock v Repatriation Commission [2007] FCAFC 156; (2007) 161 FCR 256 Smith v Comcare [2012] FCA 502 Smith v Comcare [2013] FCAFC 65; (2013) 212 FCR 335 SZGUW v Minister for Immigration and Citizenship [2009] FCA 321; (2009) 108 ALD 108 Wende v Horwath (NSW) Pty Ltd [2014] NSWCA 170 Wingfoot Australia Partners Pty Ltd v Kocak [2013] HCA 43; (2013) 303 ALR 64