Comcare v Davies (No 2) [2008] FCA 566

Comcare v Davies (No 2) [2008] FCA 566

Order 3 should be varied, as supported by both parties, to remit the matter to the Tribunal for further consideration to determine what may constitute suitable employment other than the Respondent's Bali Gardens business and the quantification of the Respondent's ability to earn.

Parties
Applicant: Comcare; Respondent: Kerry Joy Davies
Jurisdiction
Australia
Judgment Date
24 April 2008
Procedural Posture
Practice and Procedure / Post Judgment Application to Vary Orders
Outcome
Order 3 varied
Legal Topics
Variation of Orders, Remission to Tribunal, Federal Court Rules O 35(7)(1)
Practice and Procedure Variation of Orders Remission to Tribunal Federal Court Rules O 35(7)(1)

Case Brief

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Parties

Comcare

Applicant

Kerry Joy Davies

Respondent

Procedural Posture

Practice and Procedure / Post Judgment Application to Vary Orders

Legal Issues

  1. 1 Whether Order 3 made on 27 March 2008 should be varied pursuant to O 35(7)(1) of the Federal Court Rules 1979 (Cth) to specify the issues for tribunal consideration

Ratio Decidendi

Order 3 should be varied, as supported by both parties, to remit the matter to the Tribunal for further consideration to determine what may constitute suitable employment other than the Respondent's Bali Gardens business and the quantification of the Respondent's ability to earn.

Court Disposition

Order 3 varied

Orders

  • Order 3 of the orders made on 27 March 2008 is varied to read: 'The matter be remitted to the Tribunal for further consideration in accordance with law for the determination of the following issues: (a) What may constitute suitable employment other than the Respondent's Bali Gardens business; and (b) The...
  • There be no order as to costs of the present application.