Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Karabolovska v Comcare [2019] FCA 2153 Appeal from: Application for judicial review: Karabolovska and Comcare (Compensation) [2019] AATA 1346 (2018/0353, 0368)
File number: NSD 1048 of 2019
Judge: PERRY J
Date of judgment: 20 December 2019
Catchwords: WORKERS' COMPENSATION – appeal on a question of law under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth), from a decision of the Administrative Appeals Tribunal (Tribunal) – where Tribunal affirmed Comcare's decision that Comcare is no longer liable to pay compensation to the applicant under ss 16 and 19 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act) in respect of her previously accepted aggravation of major depressive disorder, recurrent episode – where Tribunal affirmed Comcare's decision that Comcare is no longer liable to pay compensation to the applicant under s 14, SRC Act in respect of her claimed aggravation of vision impairment – consideration of purposes served by a statement of reasons under s 43(2B) AAT Act and the requirements with which they must comply – where Tribunal's reasons relating to the accepted major depressive disorder were inadequate and constituted an error of law – where Tribunal's reasons relating to the claimed vision impairment were adequate – appeal allowed in part
Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 14, 16, 19 Administrative Appeals Tribunal Act 1975 (Cth) s 43, 44
Cases cited: Ansett Transport Industries (Operations) Pty Ltd v Wraith (1983) 48 ALR 500 ARM Constructions Pty Ltd v Deputy Commissioner of Taxation (1986) 10 FCR 197 BVG17 v BVH17 [2019] FCAFC 17 BZD17 v Minister for Immigration and Border Protection [2018] FCAFC 94; (2018) 263 FCR 292 COZ16 v Minister for Immigration and Border Protection [2018] FCA 46; (2018) 259 FCR 1 Dornan v Riordan (1990) 24 FCR 564 Haritos v Federal Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315 Minister for Immigration and Citizenship v SZMDS [2010] HCA 16; (2010) 240 CLR 611 Mini ster for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Ramsey v Watson (1961) 108 CLR 642 Repatriation Commission v O'Brien (1985) 155 CLR 422 Repatriation Commission v Owens (1996) 70 ALJR 904 Shi v Migration Agents Registration Authority [2008] HCA 31; (2008) 235 CLR 286 Stirling v Minister for Finance [2017] FCA 874; (2017) 159 ALD 29 Triabunna Investments Pty Ltd v Minister for Environment and Energy [2019] FCAFC 60; (2019) 238 LGERA 223
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