|Dunkerley v Comcare (FCA) - administrative law - no entitlement to compensation for medical treatment or incapacity - appeal dismissed
|Jeffrey and Curnow v Giles; Giles v Jeffrey and Curnow (VSCA) - damages - defamation - damages so low as to be inappropriate - appeal allowed
|Summaries With Link (Five Minute Read)
|Dunkerley v Comcare  FCA 392
Federal Court of Australia
Administrative law - Comcare decided applicant not entitled to compensation for medical treatment expenses or incapacity for work under Safety, Rehabilitation and Compensation Act 1988 - Administrative Appeals Tribunal refused application for review - Comcare and AAT concluded injury had resolved by certain date was also supplanted by non-compensable injury suffered on subsequent date - ss5A(2), 54 & 57 Safety, Rehabilitation and Compensation Act 1988 - held: no error law in AAT’s treatment of evidence - Comcare and AAT not bound by medical certificates accompanying claim form - Comcare had not behaved inappropriately - in any event a breach of model litigant requirements had no consequences in civil litigation - appeal dismissed.
|Jeffrey and Curnow v Giles; Giles v Jeffrey and Curnow  VSCA 70
Court of Appeal of Victoria
Warren CJ, Tate JA & Ginnane AJA
Damages - defamation - costs - appellants defamed by statements made by respondent - appellants appealed against award of damages as manifestly inadequate - respondent seeks leave to appeal against order she pay appellants’ costs of proceeding on basis she was not given opportunity to refer judge to offer of compromise she made - held: damages were so low as to be inappropriate - no error in refusal to award aggravated damages however behaviour relied upon in support of claim for aggravated damages should be taken into account in award of compensatory damages - question of interest to be further argued and determined in pending application under s29 Civil Procedure Act 2010 - appeal allowed - respondent refused leave to appeal.