Baranski v Comcare

[2013] FCAFC 31

FEDERAL COURT OF AUSTRALIA

Baranski v Comcare [2013] FCAFC 31

Citation:		Baranski v Comcare [2013] FCAFC 31
Appeal from:		Baranski v Comcare [2012] FCA 925
Parties:		MICHAEL BARANSKI v COMCARE
File number:		NSD 1485 of 2012
Judges:		ALLSOP CJ, TRACEY AND KATZMANN JJ
Date of judgment:		7 March 2013
Catchwords:		ADMINISTRATIVE LAW – workers’ compensation – revocation of determination to compensate for injury alleged to have been suffered arising out of or in the course of employment – whether error of law in the decision of the Administrative Appeals Tribunal – whether incorrect test for causation applied
Legislation:		Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 14(1) and 5A(1)(b)
Cases cited:		Associated Provincial Picture Houses Limited v Wednesbury Corporation [1948] 1 KB 223 Azzopardi v Tasman UEB Industries Limited (1985) 4 NSWLR 139 Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1 Luxton v Vines (1952) 85 CLR 352 March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611
Date of hearing:	7 March 2013
Place:	Sydney
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	25
Counsel for the Appellant:	Mr D Baran
Solicitor for the Appellant:	Stephen Smart & Associates
Counsel for the Respondent:	Ms R Henderson
Solicitor for the Respondent:	Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1485 of 2012

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	MICHAEL BARANSKI Appellant
AND:	COMCARE Respondent

JUDGES:	ALLSOP CJ, TRACEY AND KATZMANN JJ
DATE OF ORDER:	7 MARCH 2013
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The appeal be dismissed with costs.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1485 of 2012

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN:	MICHAEL BARANSKI Appellant
AND:	COMCARE Respondent

JUDGES:	ALLSOP CJ, TRACEY AND KATZMANN JJ
DATE:	7 MARCH 2013
PLACE:	SYDNEY

REASONS FOR JUDGMENT

ALLSOP CJ:

1. I will invite Justice Katzmann to deliver the first judgment.

   KATZMANN J:

2. Michael Baranski, an employee of the Department of Defence, injured his back in March 2007.  He maintains that the injury occurred at work.  He made a claim for workers compensation.  Comcare initially accepted the claim, but on 5 August 2010 it revoked its determination.  It relied on information obtained at the time the claim was made (but apparently ignored) to the effect that the claim might not have been well-founded.  Mr Baranski applied to the Administrative Appeals Tribunal (“tribunal”) for a review of Comcare’s decision.  The tribunal affirmed the decision as it was not satisfied that Mr Baranski injured himself as he claimed. 

3. Mr Baranski then appealed to this Court.  He contended that the tribunal had erred in law (appeals to the Court being confined to questions of law).  The appeal was dismissed and Mr…