Brereton, G.E. v Commonwealth of Australia [1987] FCA 405

Brereton, G.E. v Commonwealth of Australia [1987] FCA 405

The Tribunal did not err in law in finding the applicant was not in the course of his employment at the time of the accident and not on a journey to or from employment as defined by the Act. The applicant was not rostered for duty, and the accident occurred during a separate journey unconnected to employment.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 July 1987
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
["employees' Compensation" 'defence Force Employment' 'compensation Claim for Personal Injury']
['administrative Law' 'compensation Law'] ["employees' Compensation" 'defence Force Employment' 'compensation Claim for Personal Injury']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the applicant's injury arose out of or in the course of employment by the Commonwealth" 'Whether the applicant was deemed to be on a journey to or from employment under the Compensation (Commonwealth Government Employees) Act 1971' 'Whether the Tribunal erred in law in its application of legal principles regarding employment and journeys']

Ratio Decidendi

The Tribunal did not err in law in finding the applicant was not in the course of his employment at the time of the accident and not on a journey to or from employment as defined by the Act. The applicant was not rostered for duty, and the accident occurred during a separate journey unconnected to employment.

Court Disposition

Appeal dismissed

Orders

  • ['Applicant ordered to pay the costs of the respondent']