Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v ZZRP [2019] FCA 952 Appeal from: Re ZZRP and Comcare (Compensation) [2018] AATA 2240
File number: NSD 1453 of 2018
Judge: FLICK J
Date of judgment: 21 June 2019
Catchwords: COMPENSATION – Administrative Appeals Tribunal sets aside decision refusing compensation ADMINISTRATIVE LAW – adequacy of reasons of Administrative Appeals Tribunal – no necessity to refer to all evidence – necessity to address evidence going to basis of decision made – failure to provide adequate reasons – appeal allowed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5A, 5B, 16, 20, 64 Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (Cth) National Workers Compensation and Occupational Health and Safety Frameworks, Report No 27, 16 March 2004
Cases cited: Australian Postal Corporation v Nunez [2014] FCA 1095, (2014) 227 FCR 249 Bis Industries Ltd v Dale [2017] FCA 789, (2017) 72 AAR 312 Comcare v Broadhurst [2011] FCAFC 39, (2011) 192 FCR 497 Comcare v Martin [2016] HCA 43, (2016) 258 CLR 467 Comcare v Mathieson [2004] FCA 212, (2004) 79 ALD 518 Comcare v Power [2015] FCA 1502, (2015) 238 FCR 187 Comcare v Sahu-Khan [2007] FCA 15, (2007) 156 FCR 536 Comcare v Singh [2012] FCA 13], (2012) 126 ALD 119 Dornan v Riordan (1990) 24 FCR 564 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Kang v Secretary, Department of Social Services [2017] FCA 895 Kowalski v Military Rehabilitation and Compensation Commission [2010] FCAFC 10 Prain v Comcare [2017] FCAFC 143, (2017) 256 FCR 65 Re ZZRP and Comcare (Compensation) [2018] AATA 2240 Roncevich v Repatriation Commission [2005] HCA 40, (2005) 222 CLR 115 Secretary, Department of Employment and Workplace Relations v Homewood [2006] FCA 779 Summers v Repatriation Commission [2015] FCAFC 36, (2015) 230 FCR 179 SZEHN v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 1389 SZHPI v Minister for Immigration and Citizenship [2008] FCA 306 Zdziarski v Telstra Corporation Limited [2015] FCA 207
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