Gaffey v Comcare [2015] FCA 1024

FEDERAL COURT OF AUSTRALIA

Gaffey v Comcare [2015] FCA 1024 Citation: Gaffey v Comcare [2015] FCA 1024

Appeal from: Gaffey v Comcare [2014] AATA 659

Parties: PRUDENCE GAFFEY v COMCARE

File number: ACD 98 of 2014

Judge: WIGNEY J

Date of judgment: 15 September 2015

Catchwords: ADMINISTRATIVE LAW – appeal from the Administrative Appeals Tribunal – review of a decision to disallow a compensation claim – whether the Administrative Appeals Tribunal made an error of law in its review of a compensation claim – whether the Administrative Appeals Tribunal made an error of law in determining a major depressive disorder as an injury under s 5A of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether the Administrative Appeals Tribunal erred in law in determining the date of injury – whether injury was a result of reasonable administrative action taken in a reasonable manner in respect of employee's employment pursuant to s 5A(1) of the Safety, Rehabilitation and Compensation Act 1988 (Cth)

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Federal Court Rules 2011 (Cth), r 33.12 Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 4, 5, 5A, 5B, 7(4), 14

Cases cited: Comcare v Mooi (1996) 69 FCR 439 Commissioner for Australian Capital Territory Revenue v Alphaone Pty Ltd (1994) 49 FCR 576 Federal Commissioner of Taxation v Raptis (1989) 20 ATR 1262; 19 ALD 726 Haritos v Commissioner of Taxation [2015] FCAFC 92 Kennedy Cleaning Services Pty Limited v Petkoska (2000) 200 CLR 286 Smith v Comcare (2013) 212 FCR 335 Zickar v MGH Plastic Industries Pty Limited (1996) 187 CLR 310