Smith v Military Rehabilitation and Compensation Commission [2016] FCA 1558

FEDERAL COURT OF AUSTRALIA

Smith v Military Rehabilitation and Compensation Commission [2016] FCA 1558 Appeal from: Smith v Military Rehabilitation and Compensation Commission [2015] AATA 343

File number: TAD 20 of 2015

Judge: TRACEY J

Date of judgment: 22 December 2016

Catchwords: ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal concerning quantum of payments to which appellant entitled – Tribunal concerned with period between 29 May 2001 and 30 June 2009 – Tribunal held that no "increments" applied to appellant within the meaning of s 8(6)(c) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether Tribunal erred in law in so holding – no appealable error – appeal dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 8(6), 8(9), 8(9)–(9D)

Cases cited: Chun v Comcare (2009) 209 FCR 399 Engida v Linfox Australia Pty Ltd [2016] FCA 793 Smith v Military Rehabilitation and Compensation Commission [2015] AATA 343

Date of hearing: 21 July 2016

Registry: Victoria

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 37

Counsel for the Appellant: The appellant appeared in person

Counsel for the Respondent: Mr D Wilson

Solicitor for the Respondent: Australian Government Solicitor

ORDERS TAD 20 of 2015

BETWEEN: STUART M G SMITH Appellant

AND: MILITARY REHABILITATION AND COMPENSATION COMMISSION Respondent