Comcare v Stefaniak

[2020] FCA 560

FEDERAL COURT OF AUSTRALIA

Comcare v Stefaniak [2020] FCA 560

Appeal from:

Re Stefaniak and Comcare (Compensation) [2019] AATA 1866

File number:

ACD 54 of 2019

Judge:

THAWLEY J

Date of judgment:

28 April 2020

Catchwords:

PRACTICE AND PROCEDURE – appeal from decision of the Administrative Appeals Tribunal – appeal allowed by consent

Legislation:

Administrative Appeals Tribunal Act 1975 (Cth) s 44(1)

Safety, Rehabilitation and Compensation Act 1988 (Cth) s 5B(1)(b)

Cases cited:

Bradken Limited v Norcast SárL (2013) 219 FCR 101

CQX18 v Minister for Home Affairs [2019] FCAFC 142

Date of hearing:

Heard on the papers

Registry:

New South Wales

Division:

General Division

National Practice Area:

Administrative and Constitutional Law and Human Rights

Category:

Catchwords

Number of paragraphs:

8

Solicitor for the Appellant:

Sparke Helmore Lawyers

Solicitor for the Respondent:

Slater and Gordon Lawyers

ORDERS

ACD 54 of 2019

BETWEEN:

COMCARE

Appellant

AND:

JONATHAN STEFANIAK

Respondent

JUDGE:	THAWLEY J
DATE OF ORDER:	28 APRIL 2020

BY CONSENT, THE COURT ORDERS THAT:

1.The appeal is allowed.

2.The decision of the Administrative Appeals Tribunal dated 12 July 2019 is set aside.

3.In substitution, the reviewable decision made by the applicant on 16 November 2017 is affirmed.

4.The appellant is to pay the respondent’s reasonable costs as between party and party of the appeal, to be agreed or taxed.

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

REASONS FOR JUDGMENT

THAWLEY J:

1. This proceeding is an appeal from a decision of the AAT: Re Stefaniak and Comcare (Compensation) [2019] AATA 1866.

2. The appeal was listed for hearing on 28 April 2020.

3. The parties have reached an agreement that the appeal should be allowed by consent.  In accordance with the Court’s Consent Orders Involving a Federal Tribunal Practice Note (GPN-TRIB), the parties submitted “notes” with the signed consent orders sought.  The notes stated:

   The matters which justify the making of the consent orders proposed by the parties are as follows.

   1.This was Comcare’s appeal from a decision of the Administrative Appeals Tribunal in the matter of Re Stefaniak and Comcare (Compensation) [2019] AATA 1866. Such an appeal is on, and limited to, a “question of law” pursuant to s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth).

   2.The Tribunal decided that Comcare was liable to pay compensation to Mr Jonathan Stefaniak in relation to the “pain symptoms” which arose during his employment with the Office of National Assessments (the ONA) in accordance with the Safety, Rehabilitation and Compensation Act 1988 (Cth) (the SRC Act).

   3.The Tribunal made that decision in circumstances where it was unable to identify a “biological cause” for Mr Stefaniak’s asserted “pain symptoms”. In that respect, the Tribunal essentially found that the evidence established that the “biological cause” of Mr Stefaniak’s pain could not be connected with any identifiable physical injury or an ailment which was the “root cause” of that pain. The Tribunal additionally found that there was no aggravation of Mr Stefaniak’s underlying…