Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Military Rehabilitation and Compensation Commission v Riley [2020] FCA 488 Appeal from: Riley and Military Rehabilitation and Compensation Commission [2019] AATA 3501
File number: NSD 1642 of 2019
Judge: GRIFFITHS J
Date of judgment: 16 April 2020
Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal on questions of law – whether the Administrative Appeals Tribunal misconstrued s 7(1) of the Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (Cth) – appeal allowed and matter remitted for redetermination according to law
Legislation: Compensation (Commonwealth Government Employees) Act 1971 (Cth), s 30 Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (Cth), ss 5, 7, 14 Safety, Rehabilitation and Compensation Act 1988 (Cth) Compensation (Commonwealth Government Employees) Regulations, reg 12 Safety, Rehabilitation and Compensation (Specified Diseases) Notice 2007 (1) Safety, Rehabilitation and Compensation (Specified Diseases and Employment) Instrument 2017 (Cth)
Cases cited: Australian Telecommunications Corporation Ltd v Moffat [1992] FCA 105; 15 AAR 289 Bird v The Commonwealth [1988] HCA 23; 165 CLR 1 Collector of Customs (Tas) v Flinders Island Community Association [1985] FCA 232; 7 FCR 205 Hope v Bathurst City Council [1980] HCA 16; 144 CLR 1
Date of hearing: The matter was determined on the papers
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