Cartajena and Comcare (Compensation)

Cartajena (the Applicant) and Comcare (the Respondent) were parties to proceedings before the Administrative Appeals Tribunal concerning compensation claims. The dispute involved multiple applications that were heard together, resulting in mixed outcomes for the Applicant, with two decisions being set aside.

The primary legal issue before the Tribunal was the determination of costs, specifically whether the Applicant was entitled to an order for costs in their favour, notwithstanding the mixed results of the applications. This question was to be considered in light of section 67 of the *Safety, Rehabilitation and Compensation Act 1988* (Cth).

The Tribunal, applying section 67 of the Act, ordered that partial costs be paid to the Applicant. This decision was made despite the fact that not all of the Applicant's applications were successful, acknowledging the partial success achieved and the overall context of the proceedings.