Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singleton v Comcare [2019] FCA 2104 Appeal from: Singleton v Comcare (Compensation) [2018] AATA 4088 (1 November 2018)
File number: ACD 91 of 2018
Judge: ABRAHAM J
Date of judgment: 13 December 2019
Catchwords: WORKERS' COMPENSATION – appeal from a decision of the Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed the respondent's decision that the applicant's Chronic Pain Syndrome (CPS) was not an "injury" for the purposes of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) and the respondent was therefore not liable to pay compensation – whether Tribunal misconstrued the concept of "injury" in the SRC Act so as to exclude secondary CPS – whether Tribunal failed to address a significant part of the applicant's case constituting an error of law – where alleged error of law turns on construction of the Tribunal's reasons – appeal dismissed
Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4, 5A, 5B, 14, 24, 25, 27, 61, 62
Cases cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33; (1990) 170 CLR 32 Australian Telecommunications Commission v Novak [1989] FCA 63; (1989) 86 ALR 457 Canute v Comcare [2006] HCA 47; (2006) 226 CLR 535 Collector of Customs v Pozzolanic [1993] FCA 456; (1993) 43 FCR 280 Comcare v Farrell [2016] FCAFC 115; (2016) 250 FCR 432 Comcare v Lofts [2013] FCA 1197; (2013) 217 FCR 220 Commonwealth of Australia v Ford [1986] FCA 94; (1986) 65 ALR 323 Haritos v Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315 Howard v Comcare [2019] FCA 1031 Irwin v Military Rehabilitation and Compensation Commission [2009] FCAFC 33; (2009) 174 FCR 574 Lees v Comcare [1999] FCA 753; (1999) 56 ALD 84 Minister for Immigration and Multicultural Affairs v Rajalingam [1999] FCA 719; (1999) 93 FCR 220 Minister for Immigration and Ethnic Affairs v Wu Shan Liang [1996] HCA 6; (1996) 185 CLR 259 Telstra Corporation v Hannaford [2006] FCAFC 87; (2006) 151 FCR 253 Telstra Corporation Ltd v Kotevski [2013] FCA 27; (2013) 209 FCR 558 Waterford v The Commonwealth [1987] HCA 25; (1987) 163 CLR 54
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate