Comcare v Roser [2003] FCA 516

Comcare v Roser [2003] FCA 516

The appeal in Q 99 of 2002 was an appeal from a decision of the Administrative Appeals Tribunal and turned on the interpretation of provisions of the Safety Rehabilitation and Compensation Act 1988 (Cth) and the guide to the assessment of permanent impairment. Having regard to s 6 of the Federal Court Proceedings (Costs) Act 1981 (Cth) and the respondent's incurred costs, it was appropriate to grant a costs certificate.

Jurisdiction
Australia
Judgment Date
26 May 2003
Procedural Posture
Application for a Costs Certificate / After Appeal Allowed in Comcare V Roser [2003] FCA 243
Outcome
Costs certificate granted to Deslie Roser.
Legal Topics
['costs Certificate' 'federal Appeal' 'appeal From Administrative Appeals Tribunal' 'permanent Impairment']
['costs' 'administrative Law' 'workers Compensation'] ['costs Certificate' 'federal Appeal' 'appeal From Administrative Appeals Tribunal' 'permanent Impairment']

Case Brief

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Procedural Posture

Application for a Costs Certificate / After Appeal Allowed in Comcare V Roser [2003] FCA 243

Legal Issues

  1. 1 ['Whether the respondent to a successful Federal appeal on a question of law should be granted a costs certificate under s 6(1) of the Federal Court Proceedings (Costs) Act 1981 (Cth).' 'Whether the appeal was a "Federal appeal" within s 3(1) of the Federal Court Proceedings (Costs) Act 1981 (Cth).']

Ratio Decidendi

The appeal in Q 99 of 2002 was an appeal from a decision of the Administrative Appeals Tribunal and turned on the interpretation of provisions of the Safety Rehabilitation and Compensation Act 1988 (Cth) and the guide to the assessment of permanent impairment. Having regard to s 6 of the Federal Court Proceedings (Costs) Act 1981 (Cth) and the respondent's incurred costs, it was appropriate to grant a costs certificate.

Court Disposition

Costs certificate granted to Deslie Roser.

Orders

  • ['The Court grants to Deslie Roser, the respondent in Federal Appeal No Q 99 of 2002, a costs certificate in respect of that appeal, the certificate to state that, in the opinion of the Federal Court of Australia, it would be appropriate for the Attorney-General to authorise a payment under the Federal Proceedings...