Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kelly v Australian Postal Corporation [2015] FCA 1064 Citation: Kelly v Australian Postal Corporation [2015] FCA 1064
Appeal from: Kelly and Australian Postal Corporation [2014] AATA 779
Parties: GARRY KELLY v AUSTRALIAN POSTAL CORPORATION
File number(s): NSD 1223 of 2014
Judge(s): GRIFFITHS J
Date of judgment: 2 October 2015
Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Administrative Appeals Tribunal ('AAT') affirming the respondent's determination that the applicant no longer suffered from a previously accepted compensable injury – whether the AAT complied with s 43(2) and (2B) of the Administrative Appeals Tribunal Act 1975 (Cth) – whether the AAT's reasons failed to disclose proper consideration or analysis of medical evidence – whether the AAT's reasoning process in preferring certain medical evidence was illogical and/or unreasonable
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2), 43(2B), 44 Federal Court of Australia Act 1976 (Cth) s 37N(4) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 5A, 5B, 62
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184; (2003) 75 ALD 630 Australian Postal Corporation v Hughes [2009] FCA 1057; (2009) 50 AAR 267 Haritos v Commissioner of Taxation [2015] FCAFC 92; (2015) 322 ALR 254 Lawrence Smith v Comcare [2014] FCA 811 Military Rehabilitation and Compensation Commission v SRGGG [2005] FCA 342; (2005) 215 ALR 459 Minister for Immigration and Border Protection v Singh [2014] FCAFC 1; (2014) 308 ALR 280 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Munswamy v Australian Postal Corporation [2015] FCA 678 Smith v Comcare [2015] FCAFC 24 Tarrant v Australian Securities and Investments Commission [2015] FCAFC 8; (2015) 317 ALR 328 WZAQU v Minister for Immigration and Citizenship [2013] FCA 327
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