Military Rehabilitation and Compensation Commission v Katterns [2017] FCA 641

FEDERAL COURT OF AUSTRALIA

Military Rehabilitation and Compensation Commission v Katterns [2017] FCA 641 File number: QUD 35 of 2017

Judge: LOGAN J

Date of judgment: 7 June 2017

Catchwords: STATUTES – interpretation – amending acts – test to be applied under s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether accrued right for application to be determined applying statutory test applicable prior to amendments of Act ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – where Tribunal decision set aside Military Rehabilitation and Compensation Commission decision to deny applicant compensation under s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether were was evidence before the Tribunal capable of supporting finding of fact – where parties led neither medical evidence nor other evidence to support the kind of intuitive reasoning outlined in EMI (Australia) Ltd v Bes (1970) 2 NSWR 238 – whether the AAT failed to comply with the obligations to give reasons for its decision, in s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – whether procedural unfairness to Commission – matter remitted to Tribunal WORKERS' COMPENSATION – claim for compensation for an injury – former member of Defence Force – disease suffered by an employee – osteoarthritis of the right hip – pre-exciting compensable injury – whether condition aggravated by the reserve military service of the applicant

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 2, 2A, 7, 33, 37, 39, 43, 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 5A, 5B, 14, 147 Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (Cth) s 2 Veterans' Entitlement Act 1986 (Cth)