Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hollis v Comcare [2017] FCA 558 Appeal from: Hollis and Comcare (Compensation) [2017] AATA 49
File number: NSD 253 of 2017
Judge: KATZMANN J
Date of judgment: 26 May 2017
Catchwords: ADMINISTRATIVE LAW — appeal from decision of Administrative Appeals Tribunal — parties in agreement that Tribunal erred in law in one respect requiring remittal of matter to Tribunal for rehearing — dispute as to terms of remittal and constitution of Tribunal — whether remittal should be limited to deciding the point underlying the ground of appeal raising the admitted error or whether it should be unlimited in its scope — whether remittal should be to the same Tribunal or whether the Tribunal should be reconstituted
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 19A, 44 Federal Court of Australia Act 1976 (Cth), s 37M Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 5A, 5B, 14, 16
Cases cited: Comcare v Broadhurst (2011) 192 FCR 497 Comcare v Martin [2016] HCA 43; (2016) 339 ALR 1; 91 ALJR 29 Industry Research and Development Board v IMT Ltd [2001] FCA 85 Lim v Comcare [2017] FCAFC 64 Northern NSW FM Pty Limited v Australian Broadcasting Tribunal (1990) 26 FCR 39
Date of hearing: 19 May 2017
Registry: New South Wales
Division: General Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 43
Counsel for the Applicant: Mr L T Grey with Mr J Mrsic
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