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Wingfoot Australia Partners Pty Ltd v Kocak

[2013] HCA 43
Judgment date
Case number
M52/2013
Before
French CJ, Crennan, Bell, Gageler, Keane JJ
Catchwords

Administrative law – Availability of certiorari – Legal consequences of Medical Panel's opinion under Accident Compensation Act 1985 (Vic) – Where separate proceedings for common law damages and statutory compensation – Whether Medical Panel's opinion on medical questions referred to it in one proceeding required to be adopted and applied in other proceeding – Whether issue estoppel – Whether order in nature of certiorari available.

Administrative law – Statutory obligation to give written statement of reasons – Standard of reasons required – Whether error of law on the face of the record.

Words and phrases – "certiorari", "error of law", "for the purposes of determining any question or matter", "Medical Panel", "medical question", "reasons", "written statement of reasons".

Accident Compensation Act 1985 (Vic) – s 68.

Administrative Law Act 1978 (Vic) – ss 8, 10.

Files
43.rtf (233.44 KB)
43.pdf (101.6 KB)