Federal Court of Australia
Federal Court of Australia
Zdziarski v Telstra Corporation Limited [2022] FCA 1296 Appeal from: Zdziarski v Telstra Corporation Limited [2022] AATA 145
File number: NSD 143 of 2022
Judgment of: RAPER J
Date of judgment: 4 November 2022
Catchwords: WORKER'S COMPENSATION – appeal from a decision of the Administrative Appeals Tribunal – where the Tribunal determined that the applicant's entitlements under s 19 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) should be re-calculated (and reduced) having regard to the average weekly overtime hours worked by comparable employees – whether the Tribunal failed to exercise its jurisdiction by not determining objections made by the applicant to three of the first respondent's statements – appeal dismissed
EVIDENCE – whether an objection on the basis of "weight" is truly an objection – whether the Tribunal is required to specifically identify in its reasons the weight given to particular evidence
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 2A, 2A(b), 33(1), 33(1)(b), 33(1)(c), 33(1A), 33(2A), 40(1)(a), 40(3), 40(5), 40A(1), 43(2B), 44(1) Evidence Act 1995 (Cth) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 8(10), 8(10)(b)(i), 19
Cases cited: Australian Postal Corporation v Hughes [2009] FCA 1057; 111 ALD 579 Bridges v Minister for Immigration and Multicultural Affairs [2001] FCA 1647; 114 FCR 456 Brown v The Repatriation Commission [1985] FCA 236; 7 FCR 302
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