Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
O'Loughlin v Linfox Australia Pty Ltd [2017] FCA 1394 Appeal from: O'Loughlin and Linfox Australia Pty Ltd [2016] AATA 606
File number: VID 1087 of 2016
Judge: O'CALLAGHAN J
Date of judgment: 28 November 2017
Catchwords: WORKERS' COMPENSATION – Appeal from Administrative Appeals Tribunal – whether applicant entitled to compensation under s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – meaning of "injury" – whether injury arose "out of, or in the course of … employment" – conflict between certain provisions of Pts I and II of Div 1 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – consideration of which provisions are leading and which subordinate – notice of contention – whether Tribunal bound by reason of its findings of fact to hold that the applicant's injuries did not arise out of, or in the course of, his employment – whether the Tribunal failed to deal with a submission, seriously advanced and worthy of consideration, on the relevance of Martin v Bailey (2009) 26 VR 270
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 5A, 6, 14 Federal Court Rules 2011 (Cth), r 36.24
Cases cited: Canute v Comcare (2006) 226 CLR 535 Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 Colby Corporation Pty Ltd v Commissioner of Taxation (2008) 165 FCR 133 Comcare v Etheridge (2006) 149 FCR 522 Comcare v PVYW (2013) 250 CLR 246 Comcare v Tiscay (1992) 38 FCR 181 Commissioner of State Revenue (Victoria) v Royal Insurance Australia Ltd (1994) 182 CLR 51 Deatons Pty Ltd v Flew (1949) 79 CLR 370 Institute of Patent Agents v Lockwood [1894] AC 347 Johnsons Tyne Foundry Pty Ltd v Maffra Corporation (1948) 77 CLR 544 Macquarie Bank Ltd v Fociri Pty Ltd (1992) 27 NSWLR 203 Martin v Bailey (2009) 26 VR 270 Military Rehabilitation and Compensation Commission v May (2016) 257 CLR 468 Minister for Immigration and Citizenship v Li (2003) 249 CLR 332 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 Project Blue Sky Inc v Australian Broadcasting Authority (1988) 194 CLR 355 Public Transport Commission (NSW) v J Murray-More (NSW) Pty Ltd (1975) 132 CLR 336 Solution 6 Holdings Ltd v Industrial Relations Commission of New South Wales (2004) 60 NSWLR 558 Thiele v Commonwealth (1990) 22 FCR 342 TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation [1988] FCA 198; 82 ALR 175 Ward v Williams (1955) 92 CLR 496 Whittaker v Comcare (1998) 86 FCR 532 Whittingham v Commissioner of Railways (WA) (1931) 46 CLR 22 Wilson v Wilson's Tile Works Pty Ltd (1960) 104 CLR 328
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