Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ringshaug v Comcare [2017] FCA 48 Appeal from: Re Ringshaug and Comcare [2016] AATA 88
File number: ACD 19 of 2016
Judge: BROMWICH J
Date of judgment: 3 February 2017
Catchwords: WORKERS' COMPENSATION – appeal on a point of law from Administrative Appeals Tribunal decision – where Tribunal decision upheld three Comcare determinations denying compensation to applicant under s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – where applicant argued causation of injury did not enliven exclusion for compensation on the basis of 'reasonable administrative action' – where applicant's causation argument was dependent on Full Federal Court authority in Martin v Comcare (2015) 238 FCR 373 – where subsequent High Court appeal in Comcare v Martin (2016) 339 ALR 1 – where applicant's argument could not succeed in light of later High Court authority – held: appeal dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 44(1), 43AA(1) Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 4(1), 5A, 5B, 14(1), 14(2), 14(3)
Cases cited: Comcare v Martin [2016] HCA 43; (2016) 339 ALR 1 Comcare v Martin [2016] HCATrans 116 Martin v Comcare [2015] FCAFC 169; (2015) 238 FCR 373
Date of hearing: 21 September 2016
Date of last submissions: 16 November 2016 (Applicant) 24 November 2016 (Respondent)
Registry: Australian Capital Territory
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
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