Cook v Thales Australia Limited [2012] FCA 777

Cook v Thales Australia Limited [2012] FCA 777

The phrase 'all of those dependants' in s 17(3) of the Act includes dependants who were wholly dependent and dependants who were partly dependent on the deceased employee, and compensation is payable for the benefit of both, not just wholly dependent persons.

Jurisdiction
Australia
Judgment Date
20 July 2012
Procedural Posture
Appeal From Administrative Appeals Tribunal / Judgment
Outcome
Tribunal's decision set aside and matter remitted to Tribunal for determination according to law; Second Respondent to pay Applicant's costs of appeal; no other costs orders.
Legal Topics
['dependants' 'compensation Payments' 'safety Rehabilitation and Compensation Act 1988 (cth)']
['statutory Interpretation' "commonwealth Employees' Compensation"] ['dependants' 'compensation Payments' 'safety Rehabilitation and Compensation Act 1988 (cth)']

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Procedural Posture

Appeal From Administrative Appeals Tribunal / Judgment

Legal Issues

  1. 1 ["Whether 'all of those dependants' in s 17(3) of Safety Rehabilitation and Compensation Act 1988 (Cth) includes dependants who were wholly and partly dependent" 'Proper construction of s 17(3) and relationship with s 17(4)']

Ratio Decidendi

The phrase 'all of those dependants' in s 17(3) of the Act includes dependants who were wholly dependent and dependants who were partly dependent on the deceased employee, and compensation is payable for the benefit of both, not just wholly dependent persons.

Court Disposition

Tribunal's decision set aside and matter remitted to Tribunal for determination according to law; Second Respondent to pay Applicant's costs of appeal; no other costs orders.

Orders

  • ['The decision of the Administrative Appeals Tribunal of 17 April 2012 be set aside and the matter be remitted to the Administrative Appeals Tribunal to be heard and determined according to law.' "The Second Respondent pay the Applicant's costs of and incidental to the Appeal." 'There be no other costs orders.']