Comcare v Chambers

[2017] FCA 1014

FEDERAL COURT OF AUSTRALIA

Comcare v Chambers [2017] FCA 1014

Appeal from:

Chambers v Comcare [2016] AATA 615

File number:

NSD 1564 of 2016

Judge:

PERRAM J

Date of judgment:

31 August 2017

Catchwords:

COMPENSATION – appeal from Administrative Appeals Tribunal – adjustment disorder with depression and anxiety – epileptic and non-epileptic seizures – whether employment contributed to epilepsy to significant degree – whether reasonable administrative action taken in reasonable manner

Legislation:

Administrative Appeals Tribunal Act 1975 (Cth) s 44

Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 5A, 5A(1), 5A(2), 5B(1), 5B(1)(b), 5B(3)

Cases cited:

Amaca Pty Ltd v Booth [2011] HCA 53; (2011) 246 CLR 36

Amaca Pty Ltd v Ellis [2010] HCA 5; (2010) 240 CLR 111

Commonwealth Bank of Australia v Reeve [2012] FCAFC 21; (2012) 199 FCR 463

Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24

Minister for Immigration v Li [2013] HCA 18; (2013) 249 CLR 332

Date of hearing:

9 February 2017

Date of last submissions:

1 March 2017

Registry:

New South Wales

Division:

General Division

National Practice Area:

Employment and Industrial Relations

Category:

Catchwords

Number of paragraphs:

38

Counsel for the Applicant:

Mr M Snell

Solicitor for the Applicant:

Lehmann Snell Lawyers

Counsel for the Respondent:

Mr L Grey with Mr J Mrsic

Solicitor for the Respondent:

Turner Freeman Lawyers

ORDERS

NSD 1564 of 2016

BETWEEN:

COMCARE

Applicant

AND:

JOHN CHAMBERS

Respondent

JUDGE:	PERRAM J
DATE OF ORDER:	31 AUGUST 2017

THE COURT ORDERS THAT:

1.The matter be stood over to Wednesday, 6 September 2017 at 9:30am for a further case management hearing.

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

REASONS FOR JUDGMENT

PERRAM J:

1.        Introduction

1. This is a claim for workers compensation by a Commonwealth public servant under the Safety, Rehabilitation and Compensation Act 1988 (Cth) (‘the Act’). The claim was initially rejected by the Applicant (‘Comcare’). On review, however, it was upheld by the Administrative Appeals Tribunal (‘Tribunal’). From that adverse decision, Comcare now appeals to this Court under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) (‘the AAT Act’). Under s 44, Comcare is constrained by the need to identify a question, or questions, of law. Mr John Chambers, the Respondent, is an admitted legal practitioner who has had a long career as a lawyer in the Australian Public Service. During the course of that career he has twice been awarded a National Australia Day medal for his work, most recently on Australia Day in 2013. In mid-2014 he took a voluntary redundancy but until then he had been employed by the Australian Securities and Investments Commission (‘ASIC’) since August 1999 in a number of roles including, from 2007, as a senior manager in its Corporations and Corporate Governance, Enforcement branch. It was his team that managed the day-to-day aspects of ASIC’s litigation against the former James Hardie companies which, it is well-known, was hard…