Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lim v Comcare [2016] FCA 709 Appeal from: Re Lim and Comcare [2015] AATA 189
File number: ACD 27 of 2015
Judge: FLICK J
Date of judgment: 15 June 2016
Catchwords: ADMINISTRATIVE LAW – compensation – claim for injury – no requirement for a clinical diagnosis to found claim – Tribunal not impermissibly searching for diagnosis ADMINISTRATIVE LAW – appeal on a question of law – findings of fact – reasonable administrative action taken in a reasonable manner
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 44, 44(1), 43(2B) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 5A, 5A(1) Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (Cth)
Cases cited: Brown v Repatriation Commission (1985) 7 FCR 302 Comcare v Martinez (No 2) [2013] FCA 439, (2013) 212 FCR 272 Comcare v Mooi (1996) 69 FCR 439 Commonwealth Bank of Australia v Reeve [2012] FCAFC 21, (2012) 199 FCR 436 Copperart Pty Ltd v Commissioner of Taxation (Cth) (1973) 30 ALD 377 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Drenth v Comcare [2012] FCAFC 86, (2012) 128 ALD 1 Hart v Comcare [2015] FCAFC 16, (2005) 145 FCR 29 Keen v Workers Rehabilitation and Compensation Corporation (1998) 71 SASR 42 Re Lim and Comcare [2015] AATA 189 Martin v Comcare [2015] FCAFC 169, (2015) 148 ALD 1 Re May and Military Rehabilitation and Compensation Commission [2011] AATA 886 May v Military Rehabilitation and Compensation Commission [2014] FCA 406 May v Military Rehabilitation and Compensation Commission [2015] FCAFC 98, (2015) 233 FCR 397 Military Rehabilitation and Compensation Commission v May [2016] HCA 19
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