Federal Court of Australia
Federal Court of Australia
Scanes v Comcare [2024] FCA 961 Review of: Scanes and Comcare (Compensation) [2023] AATA 3537
File number: ACD 68 of 2023
Judgment of: BROMWICH J
Date of judgment: 23 August 2024
Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) affirming decision of Comcare to decline applicant's compensation claim under s 17 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether Tribunal erred in law by misunderstanding or failing to deal with or accept a central contention of the applicant's case – whether Tribunal erred in law by relying on bare assertions of an expert called by Comcare where Tribunal had considered and disposed of central contentions of the applicant's case and supporting evidence – where opinions of expert called by Comcare were not bare assertions – HELD: application dismissed with costs
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43(2), 44 Safety, Rehabilitation and Compensation Act 1988 (Cth) s 4
Cases cited: Dennis Willcox Pty Ltd v Federal Commissioner of Taxation (1988) 79 ALR 267 Dranichnikov v Minister for Immigration and Multicultural and Indigenous Affairs [2003] HCA 26; 77 ALJR 1088 Kennedy v Cordia (Services) LLP [2016] UKSC 6; [2016] 1 WLR 597
Division: General Division
Registry: Australian Capital Territory
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 19
Date of hearing: 2 August 2024
Counsel for the Applicant: Mr LT Grey and Mr J Mrsic
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