Griffiths v Australian Postal Corporation [2018] FCA 520

FEDERAL COURT OF AUSTRALIA

Griffiths v Australian Postal Corporation [2018] FCA 520 Appeal from: Griffiths and Australian Postal Corporation [2017] AATA 1025

File number: NSD 1284 of 2017

Judge: FLICK J

Date of judgment: 17 April 2018

Catchwords: WORKERS' COMPENSATION – appeal from decision of the Administrative Appeals Tribunal – whether the Tribunal failed to set out findings on material questions of fact or failed to refer to the evidence or other material on which those findings were based – whether the Tribunal identified the "disease" which attracted the entitlement to compensation and "that disease" in respect to which the representation was made – whether the tribunal identified that basis upon which it concluded that the representation was "wilful and false"

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 43(2B) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 5A, 5B, 7, 14

Cases cited: Apache Northwest Pty Ltd v Department of Mines and Petroleum (WA) [2012] WASCA 167 Canute v Comcare [2006] HCA 47, (2006) 226 CLR 535 Comcare Australia v Porter (1996) 70 FCR 139 Comcare v Simmons [2014] FCAFC 4, (2014) 220 FCR 102 Dodds v Comcare Australia (1993) 31 ALD 690 Griffiths and Australian Postal Corporation [2017] AATA 1025 Inglewood Olive Processors Ltd v Chief Executive Officer of Customs [2005] FCAFC 101 Minister for Immigration and Border Protection v MZYTS [2013] FCAFC 114, (2013) 230 FCR 431 Mulligan v National Disability Insurance Agency [2015] FCA 544, (2015) 233 FCR 201 National Australia Bank Ltd v Georgoulas [2013] FCA 1412, (2013) 217 FCR 382 Sagigi v Comcare [2009] FCA 385 Secretary, Department of Employment and Workplace Relations v Comcare [2008] FCA 52 Telstra Corporation Ltd v Hannaford [2006] FCAFC 87, (2006) 151 FCR 253