Federal Court of Australia
Federal Court of Australia
Moradi v Comcare [2024] FCA 812 Review of: Moradi and Comcare [2022] AATA 3168
File number(s): VID 628 of 2022
Judgment of: MCEVOY J
Date of judgment: 24 July 2024
Catchwords: WORKERS' COMPENSATION – "Injury" – interpreter deployed to Nauru – deployment terminated prematurely – whether liability to pay compensation under s 14 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether Comcare can rely on the reasonable administrative action defence in s 5A of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – appeal dismissed with costs.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 25, 43, 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 5A, 14, 24, 27, 64
Cases cited: Canute v Comcare (2006) 226 CLR 535 Comcare v Drinkwater [2018] FCAFC 62; (2018) 260 FCR 150 Comcare v Lofts [2013] FCA 1197; (2013) 217 FCR 220 Commonwealth Bank of Australia v Reeve [2012] FCAFC 21; (2012) 199 FCR 463; (2012) 125 ALD 181 Drenth v Comcare [2012] FCAFC 86 (2012); 128 ALD 1 Golds v Comcare [1999] FCA 1481 Hart v Comcare [2005] FCAFC 16; (2005) 145 FCR 29 Long v Comcare [2016] FCA 737 National Australia Bank Ltd v KRDV [2012] FCA 543; (2012) 204 FCR 436 Trewin v Comcare (1998) 84 FCR 171
Division: General Division
Registry: Victoria
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