Comcare v Porter

Case [1996] FCA 562


CATCHWORDS

Workers' Compensation (Cth) - Causal relation between injury and incapacity - New intervening force - Causal relation not necessarily terminated - Circumstances specified in s.7(6) of the Safety Rehabilitation and Compensation Act 1988 held not the only circumstances in which causal relation not terminated.

Workers' Compensation (Cth) - Entitlement and liability - "wilful and false representation" that employee had not previously suffered from a disease - Absence of belief in truth of representation required by "wilful".

Safety Rehabilitation and Compensation Act 1988
Compensation (Commonwealth Government Employees) Act 1971

Australian Telecommunications Commission v. Tzikas (1985) 5 A.A.R. 173
Commission for the Safety, Rehabilitation and Compensation of Commonwealth Employees v. Hall (1993) 41 F.C.R. 508
Commonwealth v. Christoffelsz (1988) 18 F.C.R. 415
Commonwealth v. Hornsby (1960) 103 C.L.R. 588
Commonwealth v. Johnston (1980) 31 A.L.R. 445
Commonwealth v. Whillock (1983) 70 F.L.R. 292
Garner v. Burns Philp & Co. Ltd. (1949) 49 S.R.(N.S.W.) 270
Iannella v. French (1968) 119 C.L.R. 84
Halsbury (4th ed.) vol. 31
Lindeman Ltd. v. Colvin (1947) 74 C.L.R. 313
McLaughlin & Co. Pty. Ltd. v. Brinnand [1965] W.C.R. 112
Migge v. Wormald Industries Ltd. [1972] 2 N.S.W.L.R. 29
Owens v. Australian Postal Corporation (F.C.A. VG No. 510 of 1992; unreported, judgment 6 July 1994)
Rosmini v. Chrysler Australia Ltd. (1973) 6 S.A.S.R. 212
The Darling Island Stevedoring and Lighterage Co. Ltd. v. Hankinson (1967) 117 C.L.R. 19
The Queen v. Aspinall (1876) 2 Q.B.D. 48

COMCARE AUSTRALIA v. GEORGE LESLIE PORTER
VG189 of 1995

Jenkinson J.
Melbourne
11 July, 1996

IN THE FEDERAL COURT OF AUSTRALIA   )
VICTORIA DISTRICT REGISTRY         )  No. VG189 of 1995
GENERAL DIVISION                   ) 

On Appeal from the General Division of the Administrative Appeals Tribunal constituted by Senior Member Mrs. J. R. Dwyer and Members Mr. W. G. McLean and Miss E. A. Shanahan.

BETWEEN:     COMCARE AUSTRALIA

Applicant

AND:GEORGE LESLIE PORTER

Respondent

CORAM:    Jenkinson J.

PLACE:    Melbourne

DATE:     11 July, 1996

MINUTES OF ORDER

THE COURT ORDERS THAT:

  1. The appeal be dismissed.

  1. The applicant pay the respondent's costs of the appeal.

(Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.)

IN THE FEDERAL COURT OF AUSTRALIA   )
VICTORIA DISTRICT REGISTRY         )  No.  VG189 of 1995
GENERAL DIVISION                   ) 

On Appeal from the General Division of the Administrative Appeals Tribunal constituted by Senior Member Mrs. J. R. Dwyer and Members Mr. W. G. McLean and Miss E. A. Shanahan.

BETWEEN:COMCARE AUSTRALIA

Applicant

AND:GEORGE LESLIE PORTER

Respondent

CORAM:    Jenkinson J.

PLACE:    Melbourne

DATE:     11 July, 1996

REASONS FOR JUDGMENT

Appeal from a decision of the Administrative Appeals Tribunal that the respondent is entitled to compensation under the Safety Rehabilitation and Compensation Act 1988.

The respondent was found by the Tribunal to have suffered on 10 December 1993 a "frank rupture" of the intervertebral disc between his fourth and fifth lumbar vertebrae ("the L 4/5 disc"), and the Tribunal found that incapacity for work resulted from…

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AGLC
Comcare v Porter [1996] FCA 562
Case
[1996] FCA 562
Decision Date

CaseChat Overview and Summary

Comcare Australia sought to appeal a decision of the Administrative Appeals Tribunal that George Leslie Porter was entitled to compensation under the Safety Rehabilitation and Compensation Act 1988. Porter had suffered a "frank rupture" of the intervertebral disc between his fourth and fifth lumbar vertebrae, which resulted in incapacity for work. The Tribunal found that an injury suffered by Porter on 7 July 1984 had resulted in the incapacity that commenced on 10 December 1993. The appeal hinged on whether the causal relationship between the injury and the incapacity was broken by an intervening force. The court found that the causal relationship was not necessarily terminated by the intervening force, and that the circumstances specified in section 7(6) of the 1988 Act were not the only circumstances in which the causal relation would not be terminated. The court also found that a "wilful and false representation" that Porter had not previously suffered from a disease required the absence of belief in the truth of the representation. The appeal was dismissed with costs.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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