Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Bromham [2017] FCA 174 Appeal from: Re Bromham and Comcare [2016] AATA 484
File number: NSD 1259 of 2016
Judge: FLICK J
Date of judgment: 1 March 2017
Catchwords: ADMINISTRATIVE LAW – inadequacy of Tribunal reasons – argument advanced which was not resolved COMPENSATION – initial determination accepting liability – later determination that no compensation payable – jurisdiction of Tribunal on review – not confined by initial determination
Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 16, 19 Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44
Cases cited: Abrahams v Comcare [2006] FCA 1829 Comcare v Muir [2016] FCA 346, (2016) 150 ALD 321 Farrell v Comcare [2015] FCA 1337, (2015) 148 ALD 527 Rand v Comcare [2014] FCA 584, (2014) 140 ALD 666 Re Bromham and Comcare [2016] AATA 484 Roncevich v Repatriation Commission [2005] HCA 40, (2005) 222 CLR 115 Summers v Repatriation Commission [2015] FCAFC 36, (2015) 65 AAR 320
Date of hearing: 21 December 2016
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 36
Counsel for the Applicant: Mr B Dube (Solicitor) with Ms K Slack
Solicitor for the Applicant: Sparke Helmore Lawyers
Counsel for the Respondent: Mr C Barry QC with Mr I Bradfield
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