Federal Court of Australia
Federal Court of Australia
McEwan v Comcare [2023] FCA 447 File number(s): NSD 520 of 2022
Judgment of: ABRAHAM J
Date of judgment: 11 May 2023
Catchwords: WORKERS' COMPENSATION – appeal from a decision of the Administrative Appeals Tribunal – where Tribunal found applicant not entitled to compensation under the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether Tribunal was required to consider whether applicant had suffered an aggravation of either an injury or an ailment – where requirement did not arise from the material – application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Safety Rehabilitation & Compensation Act 1988 (Cth) ss 4, 5A, 5B, 14, 72(a)
Cases cited: Abebe v Commonwealth of Australia [1999] HCA 14; (1999) 197 CLR 510 Benjamin v Repatriation Commission [2001] FCA 1879; (2001) 70 ALD 622 Ellison v Comcare [2022] FCA 95; (2022) 175 ALD 62 Grant v Repatriation Commission [1999] FCA 1629; (1999) 57 ALD 1 Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 McEwan and Comcare (Compensation) [2022] AATA 1586 Metwally v University of Wollongong [1985] HCA 28; (1985) 60 ALR 68 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Telstra Corporation Ltd v Hannaford [2006] FCAFC 87; (2006) 151 FCR 253
Division: General Division
Registry: New South Wales
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