Smith v Comcare - [2012] FCA 502

FEDERAL COURT OF AUSTRALIA
Smith v Comcare [2012] FCA 502

Citation: Smith v Comcare [2012] FCA 502

Appeal from: Smith v Comcare [2011] AATA 662

Parties: LAWRENCE SMITH v COMCARE

File number: ACD 58 of 2011

Judge: PERRAM J

Date of judgment: 18 May 2012

Catchwords: ADMINISTRATIVE LAW – Appeal from Administrative Appeals Tribunal – determination of whether applicant’s injuries had been materially contributed to by employment for the purposes of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether Tribunal had impermissibly focused on a single year of employment

Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4(1), 7(4), 14(1)
Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (Cth) sch 1, s 42

Date of hearing: 13 April 2012

Place: Sydney (Heard in Canberra)

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 27

Counsel for the Applicant: Mr J Fernon SC, Mr J Mrsic

Solicitor for the Applicant: TD Kelly & Co Solicitors

Counsel for the Respondent: Mr D Richards

Solicitor for the Respondent: DibbsBarker

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

GENERAL DIVISION

ACD 58 of 2011

BETWEEN:
LAWRENCE SMITH
Applicant

AND:
COMCARE
Respondent

JUDGE:

PERRAM J

DATE OF ORDER:

18 MAY 2012

WHERE MADE:

SYDNEY ( HEARD IN CANBERRA)

THE COURT ORDERS THAT:
1.The application be dismissed.
2.The applicant pay the respondent’s costs as taxed or agreed.

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

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

GENERAL DIVISION

ACD 58 of 2011

BETWEEN:
LAWRENCE SMITH
Applicant

AND:
COMCARE
Respondent

JUDGE:

PERRAM J

DATE:

18 MAY 2012

PLACE:

SYDNEY (HEARD IN CANBERRA)

REASONS FOR JUDGMENT

Mr Lawrence Smith commenced work as a meat inspector in 1977 for the Commonwealth through what is now the Quarantine and Inspection Service. He stopped work in November 2008 due to severe pain in his right hip and, on 9 December 2008, he had a total hip replacement. Unfortunately, there were serious complications following this surgery and, on 14 March 2010, he was medically retired.
The issue in the present case arises from an application for workers compensation lodged by Mr Smith in 2009 relating to his right hip. In due course this application was heard by the Administrative Appeals Tribunal (‘the Tribunal’) by way of a review of an earlier Comcare decision, by which his application for compensation was refused. Mr Smith’s case before the Tribunal was that his injuries resulted from the ‘nature and condition of his employment over some 30 years’ and that he had first noticed them in 2007.
Comcare is liable to pay Mr Smith compensation in accordance with the Act ‘in respect of an injury suffered by an employee if the injury results in … incapacity for work, or impairment’: Safety, Rehabilitation and Compensation Act 1988 (Cth) (‘the Act’), s 14(1). By s 4(1) of Act (as it stood at the times relevant to this litigation: see Safety, Rehabilitation and Compensation and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Smith v Comcare

Details

AGLC: Smith v Comcare [2012] FCA 502
Case: [2012] FCA 502
Decision Date: 18 May 2012

CaseChat Overview and Summary

Smith v Comcare is a case where the applicant sought a review of a decision made by the Administrative Appeals Tribunal (AAT). The applicant alleged that his injuries were materially contributed to by his employment, under the Safety, Rehabilitation and Compensation Act 1988 (Cth). The applicant challenged the AAT’s determination, arguing that the Tribunal had focused on a single year of his employment, rather than considering the cumulative effect of his employment over a longer period. This case raises questions about the correct approach to determining whether employment materially contributed to an injury, and whether the Tribunal erred in its analysis.

The central issue in this case was whether the Tribunal had correctly assessed the contribution of the applicant’s employment to his injuries. Specifically, the court had to determine if the Tribunal’s focus on a single year of employment was an impermissible limitation in the assessment of the contribution of employment to the injuries. The applicant argued that the Tribunal should have considered the cumulative effect of his employment over a longer period, rather than focusing solely on one year.

The court found that the Tribunal had not erred in its approach. The Tribunal had considered the applicant’s employment over a number of years and had appropriately weighed the evidence. The court held that the Tribunal’s focus on a single year was not an error, as it was one part of a broader assessment of the contribution of employment to the injuries. The court emphasised that the Tribunal had not limited its consideration to a single year, but had instead considered the cumulative effect of the applicant’s employment.

The application was dismissed, and the applicant was ordered to pay the respondent’s costs as taxed or agreed. This outcome reflects the court’s view that the Tribunal had correctly applied the law and appropriately assessed the contribution of employment to the applicant’s injuries.

Orders

Orders of the court

1. The application be dismissed.

2. The applicant pay the respondent’s costs as taxed or agreed.

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

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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Citation:		Smith v Comcare [2012] FCA 502
Appeal from:		Smith v Comcare [2011] AATA 662
Parties:		LAWRENCE SMITH v COMCARE
File number:		ACD 58 of 2011
Judge:		PERRAM J
Date of judgment:		18 May 2012
Catchwords:		ADMINISTRATIVE LAW – Appeal from Administrative Appeals Tribunal – determination of whether applicant’s injuries had been materially contributed to by employment for the purposes of the Safety, Rehabilitation and Compensation Act 1988 (Cth) – whether Tribunal had impermissibly focused on a single year of employment
Legislation:		Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 4(1), 7(4), 14(1) Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2007 (Cth) sch 1, s 42
Date of hearing:	13 April 2012
Place:	Sydney (Heard in Canberra)
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	27
Counsel for the Applicant:	Mr J Fernon SC, Mr J Mrsic
Solicitor for the Applicant:	TD Kelly & Co Solicitors
Counsel for the Respondent:	Mr D Richards
Solicitor for the Respondent:	DibbsBarker

IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
GENERAL DIVISION	ACD 58 of 2011

BETWEEN:	LAWRENCE SMITH Applicant
AND:	COMCARE Respondent

JUDGE:	PERRAM J
DATE OF ORDER:	18 MAY 2012
WHERE MADE:	SYDNEY ( HEARD IN CANBERRA)

JUDGE:	PERRAM J
DATE:	18 MAY 2012
PLACE:	SYDNEY (HEARD IN CANBERRA)