FEDERAL MAGISTRATES COURT OF AUSTRALIA
| CROWE v COMCARE AUSTRALIA (No.1) | [2002] FMCA 146 |
| ADMINISTRATIVE LAW – Judicial review – election by injured employee to sue or accept workers’ compensation – whether any reviewable decision made by respondent. |
Administrative Decisions (Judicial Review) Act 1977 (Cth), ss. 3, 8,
Federal Magistrates Act 1999 (Cth), ss.16, 18
Safety, Rehabilitation and Compensation Act 1988 (Cth), ss. 24, 25, 27, 44, 45, 57
Australian Broadcasting Tribunal v Bond (1990) 17 CLR 321; 94 ALR 11
Buck v Comcare (1996) 41 ALD 281; 137 ALR 335
Cunningham v Repatriation Commission (1996) 44 ALD 379
Janssen v Commonwealth [1994] 1 QdR 596
Walsh v Commonwealth [1998] NSWSC 223
| Applicant: | DEAN WILLIAM CROWE |
| Respondent: | COMCARE AUSTRALIA |
| File No: | CZ14 of 2002 |
| Delivered on: | 18 July 2002 |
| Delivered at: | Canberra |
| Hearing Date: | 18 July 2002 |
| Judgment of: | Driver FM |
REPRESENTATION
| Counsel for the Applicant: | Mr D A Hassall |
| Solicitors for the Applicant: | Ken Cush & Associates |
| Counsel for the Respondent: | Mr G M Watson |
| Solicitors for the Respondent: | Phillips Fox Lawyers |
ORDERS
The respondent’s objection to the competency of the application is disallowed.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT CANBERRA |
CZ14 of 2002
| DEAN WILLIAM CROWE |
Applicant
And
| COMCARE AUSTRALIA |
Respondent
REASONS FOR JUDGMENT
I have before me for ex tempore judgment an application by Dean William Crowe seeking to review a decision, so-called, of Comcare in relation to his application for Commonwealth employees’ compensation. The applicant seeks declarations, the effect of which would be to avoid the consequences of an election he purportedly made under s.45 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (“the SRC Act”). A preliminary objection was raised by the respondent, Comcare, whether any “decision” for the purposes of the Administrative Decisions (Judicial Review) Act 1977 (Cth) (“the AD(JR) Act”) had been made. The consequence of the raising of that point is that I must consider whether there is a relevant decision for the purposes of the application for review. Plainly, if there is no such decision, the application is incompetent. The jurisdiction of the Court arising from s. 8 of the AD(JR) Act is initially limited for the purpose of determining that preliminary issue.
A further necessary consequence of such a finding would be that the applicant would not be entitled to any declaration of right under s. 16 of the Federal Magistrates Act 1999 (Cth) and neither would the applicant be entitled to invoke any associated jurisdiction of the Court under s.18 of that Act, nor any accrued jurisdiction under the general law.
I do not need to deal with the background facts in this matter at any length, but briefly, the applicant had made an application for compensation under the SRC Act, which had been determined by Comcare on the basis that no compensation was payable. The applicant then submitted a further application for compensation in respect of the same injury, apparently on the basis of additional medical evidence. On receipt of that application, Comcare sent to…
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- Case
- [2002] FMCA 146
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the respondent had acted lawfully and rationally in denying the applicant's claim for benefits. The court was required to examine whether the decision-maker had considered all relevant factors, and whether the decision was based on proper legal principles. The court also had to determine if there were any jurisdictional errors or errors of law in the decision-making process.
In considering the matter, the court reviewed the decision-making process and the evidence presented to the respondent. The court found that the respondent had properly considered the evidence and had not made any jurisdictional errors. The court held that the decision was rational and based on proper legal principles. The court also found that the applicant had not demonstrated any errors of law or irrationality in the decision. Consequently, the court dismissed the application for judicial review and disallowed the respondent's objection to the competency of the application.
Orders
Orders of the court
1.
The respondent’s objection to the competency of the application is disallowed.
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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