Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Stefaniak [2020] FCA 560 Appeal from: Re Stefaniak and Comcare (Compensation) [2019] AATA 1866
File number: ACD 54 of 2019
Judge: THAWLEY J
Date of judgment: 28 April 2020
Catchwords: PRACTICE AND PROCEDURE – appeal from decision of the Administrative Appeals Tribunal – appeal allowed by consent
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Safety, Rehabilitation and Compensation Act 1988 (Cth) s 5B(1)(b)
Cases cited: Bradken Limited v Norcast SárL (2013) 219 FCR 101 CQX18 v Minister for Home Affairs [2019] FCAFC 142
Date of hearing: Heard on the papers
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 8
Solicitor for the Appellant: Sparke Helmore Lawyers
Solicitor for the Respondent: Slater and Gordon Lawyers
ORDERS ACD 54 of 2019
BETWEEN: COMCARE Appellant
AND: JONATHAN STEFANIAK Respondent
JUDGE: THAWLEY J DATE OF ORDER: 28 APRIL 2020
BY CONSENT, THE COURT ORDERS THAT:
1. The appeal is allowed. 2. The decision of the Administrative Appeals Tribunal dated 12 July 2019 is set aside. 3. In substitution, the reviewable decision made by the applicant on 16 November 2017 is affirmed. 4. The appellant is to pay the respondent's reasonable costs as between party and party of the appeal, to be agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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