Comcare v Starkey [2017] FCAFC 151

Comcare v Starkey [2017] FCAFC 151

The Court held that the injuries for which Mrs Starkey recovered State compensation were not the same injuries for which she sought Commonwealth compensation. The distributive operation of ss 48 and 118 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) permits dependants to seek compensation for injuries resulting from Commonwealth employment, even if state compensation has been recovered for injuries from non-Commonwealth employment. Therefore, the appeal must be dismissed, and Mrs Starkey is not precluded from her Commonwealth claim.

Jurisdiction
Australia
Judgment Date
21 September 2017
Procedural Posture
Appeal From Administrative Appeals Tribunal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
['double Recovery' 'interpretation of Compensation Statutes' "dependants' Claims" 'asbestosis Causation' 'distributive Statutory Construction']
['administrative Law' "workers' Compensation" 'commonwealth Compensation Scheme'] ['double Recovery' 'interpretation of Compensation Statutes' "dependants' Claims" 'asbestosis Causation' 'distributive Statutory Construction']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From Administrative Appeals Tribunal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the Administrative Appeals Tribunal erred in its interpretation of ss 48 and 118 of the Safety, Rehabilitation and Compensation Act 1988 (Cth)' "Whether compensation previously recovered under State workers' compensation legislation precludes compensation under the Commonwealth scheme for the same injuries" 'Whether the Tribunal correctly identified the injury for which compensation was sought']

Ratio Decidendi

The Court held that the injuries for which Mrs Starkey recovered State compensation were not the same injuries for which she sought Commonwealth compensation. The distributive operation of ss 48 and 118 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) permits dependants to seek compensation for injuries resulting from Commonwealth employment, even if state compensation has been recovered for injuries from non-Commonwealth employment. Therefore, the appeal must be dismissed, and Mrs Starkey is not precluded from her Commonwealth claim.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) filed on 17 March 2017 be dismissed.' "The applicant pay the respondent's costs."]