Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Commonwealth of Australia [2015] FCA 810 Citation: Comcare v Commonwealth of Australia [2015] FCA 810
Parties: COMCARE v COMMONWEALTH OF AUSTRALIA
File number: ACD 88 of 2013
Judge: FOSTER J
Date of judgment: 7 August 2015
Catchwords: DEFENCE AND WAR – determination of the appropriate civil penalty for a contravention of s 16(1) of the Occupational Health and Safety Act 1991 (Cth) resulting in the death of a Special Forces soldier and the wounding of another soldier during a training exercise
Legislation: Occupational Health and Safety Act 1991 (Cth), s 16
Cases cited: Barbaro v The Queen (2014) 305 ALR 323 Comcare v Commonwealth of Australia (2007) 163 FCR 207 Comcare v Post Logistics Australasia Pty Ltd (2012) 207 FCR 178 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union (2015) 229 FCR 331 Tax Practitioners Board v HP Kolya Pty Ltd [2015] FCA 472
Date of hearing: 9 December 2014
Place: Sydney (via video link to Canberra) (heard in Canberra)
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 93
Counsel for the Applicant: Mr GH Livermore
Solicitor for the Applicant: Australian Government Solicitor
Counsel for the Respondent: Mr AR Moses SC and Mr J Ensbey
Solicitor for the Respondent: Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION ACD 88 of 2013
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