Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rus v Comcare [2017] FCA 239 Appeal from: Rus v Comcare (Compensation) [2016] AATA 18
File number: VID 149 of 2016
Judge: BROMBERG J
Date of judgment: 10 March 2017
Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Administrative Appeals Tribunal ("Tribunal") under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) ("AAT Act") in respect of a determination under the Safety, Rehabilitation and Compensation Act 1988 (Cth) – where the applicant's husband had died of mesothelioma caused by exposure to asbestos in connection with work done at the premises of the Australian Wool Board ("AWB") – where the sole issue for the Tribunal was whether applicant's husband was an employee of AWB – whether the applicant's husband's statements as to his employment status were relevant to the Tribunal's determination of whether he had been an employee of AWB – whether the Tribunal had considered the applicant's husband's statements or ignored them – whether ignoring of the applicant's husband's statements amounted to an error of law under s 44 of the AAT Act – the Tribunal erred in law by ignoring the applicant's husband's statements – appeal allowed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) s 5 Wool Industry Act 1962 (Cth) ss 24, 27 Federal Court Rules 2011 (Cth) r 33.21
Cases cited: AMP Society v Chaplin (1978) 18 ALR 385 Autoclenz Limited v Belcher [2011] UKSC 41 Brambles Holdings Limited v Bathurst City Council (2001) 53 NSWLR 153 Buchwald v Minister for Immigration and Border Protection (2016) 242 FCR 65 Carmichael v National Power PLC [1999] 1 WLR 2042 Chartbrook Ltd v Persimmon Holmes Ltd [2009] UKHL 38 County Securities Pty Ltd v Challenger Group Holdings Pty Ltd [2008] NSWCA 193 Director General of Education v Suttling (1986) 162 CLR 427 Fair Work Ombudsman v Grouped Property Services Pty Ltd [2016] FCA 1034 Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd (2015) 228 FCR 346 Filadelfia Projects Pty Ltd v Entirity Business Services Pty Ltd (No 2) [2011] NSWSC 116 Film Bars Pty Ltd v Pacific Film Laboratories Pty Ltd (1979) 1 BPR [97023] Gothard, Re AFG Pty Ltd (Receivers and Managers appointed) (in liq) v Davey [2010] FCA 1163 Haritos v Commissioner of Taxation (2015) 233 FCR 315 Hollis v Vabu Pty Ltd (2001) 207 CLR 21 Ioannou v Fowell [1982] FCA 179; 63 FLR 170 Minister for Immigration and Border Protection v MZYTZ (2013) 230 FCR 431 Minister for Immigration v Yusuf (2001) 206 CLR 323 O'Loughlin v Linfox Australia Pty Ltd [2015] 235 FCR 164 On Call Interpreters and Translators Agency Pty Ltd v Commissioner of Taxation (No 3) (2011) 214 FCR 82 Pitcher v Langford (1991) 23 NSWLR 142 Re Australian Industrial Relations Commission; Ex parte Commonwealth (2005) 145 FCR 277 Re C & T Grinter Transport Services Pty Ltd (In Liquidation) & Grinter Transport Pty Ltd; Ex parte Fitzgerald [2004] FCA 1148 Regreen Asset Holdings Pty Ltd v Castricum Brothers Australia Pty Ltd [2015] VSCA 286 Repatriation Commission v Hill [2002] FCAFC 192 Irving M, The Contract of Employment (LexisNexis Butterworths, 2012) McCarry G, Aspects of Public Sector Employment Law (Law Book Company, 1988) Smith G F, Public Employment Law: The Role of the Contract of Employment in Australia and Britain (Butterworths, 1987)
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