7 Nov 2008
No material question of law was identified; the issue of vocational independence is a question of fact and the District Court judge correctly found, applying Ramsay, that there was no cogent evidence the medical and occupational assessments were flawed; accordingly leave to appeal was refused.
23 Jan 2008
Leave to appeal was declined because Judge Barber's factual findings that the two IRP updates were routine and did not require separate review advice were not legally erroneous, the Vocational Independence assessment was unchallenged by cogent evidence and was correctly accepted under the Ramsay principle, and no serious question of law suitable for certification to the High Court was identified; additionally the appellant failed to diligently prosecute the leave application.
30 May 2006
Dr Marshall's assessment sufficiently canvassed and factored in the appellant's chronic pain and, in the absence of cogent contrary medical reasoning, his opinion that the appellant had capacity for work as an Assistant Life Skills Tutor is upheld; however the capacity finding for Teacher Aide is quashed because of inconsistency with the appellant's lifting restrictions.