Ascic v Comcare [2022] FCA 1245

Federal Court of Australia

Ascic v Comcare [2022] FCA 1245 Appeal from: Ascic v Comcare [2021] FCA 1498

File number: WAD 6 of 2022

Judgment of: JACKSON J

Date of judgment: 20 October 2022

Catchwords: PRACTICE AND PROCEDURE - appeal from first-instance decision of Federal Court - objection to competency and application for dismissal on basis that notice of appeal does not state briefly and specifically grounds of appeal - notice of appeal does not identify any alleged error in primary judgment - minute of proposed amended notice of appeal - only matter with connection to primary judgment not within jurisdiction of Tribunal to consider - no merit to possible appeal ground - leave to amend notice of appeal refused - appeal dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Compensation (Commonwealth Government Employees) Act 1971 (Cth) s 27 Federal Court of Australia Act 1976 (Cth) ss 24, 25, 28 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 14, 24, 25, 27, 60, 124, 128 Federal Court Rules 1979 (Cth) O 52 r 18 Federal Court Rules 2011 (Cth) rr 36.01, 36.74

Cases cited: Ali v Chandler Macleod Group Ltd [2016] FCA 1234 Blackman v Australian Telecommunications Corporation (1990) 12 AAR 11 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; (2001) 117 FCR 424 CJR19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1599 Commonwealth v Ford (1986) 9 ALD 433 Dauguet v Centrelink [2015] FCA 1212 Giddings v Australian Information Commissioner [2017] FCAFC 225 Lees v Comcare (1999) 56 ALD 84 Singh v Owners Strata Plan No 11723 (No 3) [2012] FCA 1121; (2012) 207 FCR 390 SZTOG v Minister for Immigration and Border Protection [2018] FCA 112 Zambini v Secretary, Department of Employment and Workplace Relations [2006] FCA 1773 Zegarac v Dellios [2007] FCAFC 58