Read v Military Rehabilitation and Compensation Commission [2018] FCA 848

FEDERAL COURT OF AUSTRALIA

Read v Military Rehabilitation and Compensation Commission [2018] FCA 848 Appeal from: Read and Military Rehabilitation and Compensation Commission (Compensation) [2017] AATA 1109

File number: QUD 409 of 2017

Judge: LOGAN J

Date of judgment: 8 June 2018

Catchwords: ADMINISTRATIVE LAW – military compensation – appeal against decision of the Administrative Appeals Tribunal – whether a want of logicality in Tribunal's reasons – omission of a link in findings of fact as to why applicant ineligible for compensation because he did not suffer from the metal ailment claimed. Held – appeal allowed, decision of the Administrative Appeals Tribunal set aside. PRACTICE AND PROCEDURE – appeal against decision of the Administrative Appeals Tribunal – power of the Court under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) to make prescriptive remitter order.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Commonwealth Employees' Contribution Act 1930 (Cth) Military Rehabilitation and Compensation (Consequential and Transitional Provisions) Act 2004 (Cth) Safety, Rehabilitation and Compensation Act 1988 (Cth) Veterans' Entitlements Act 1986 (Cth)

Cases cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Dingwall v Commonwealth of Australia [1994] FCA 1099 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Muggeridge v Minister for Immigration and Border Protection (2017) 351 ALR 153 Wright v Commonwealth of Australia [2005] VSC 200