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Martin v Comcare

[2015] FCAFC 169 ; (2015) 238 FCR 373 ; (2015) 148 ALD 1

Federal Court of Australia (Full Court) · 30 November 2015 · Official judgment

Cited by 7 indexed judgments

All Cited 7

2016: 3 citing judgments 2017: 3 citing judgments 2018: 1 citing judgment 2015 2016 2018 2020 2022 2024 2026
citing judgments per year of which distinguished, doubted, not followed or overruled · line marks the decision

Sort: Oldest first Newest first Most cited

  1. Hananeia v Secretary, Attorney-General's Department [2016] FCAFC 36 Cited Federal Court of Australia (Full Court) · judgment
  2. Comcare v Muir [2016] FCA 346 Cited Federal Court of Australia · cited 3× · judgment
  3. Lim v Comcare [2016] FCA 709 Cited Federal Court of Australia · cited 2× · judgment
  4. Ringshaug v Comcare [2017] FCA 48 Cited Federal Court of Australia · cited 2× · judgment
  5. Ringshaug v Comcare (No 2) [2017] FCA 349 Cited Federal Court of Australia · cited 2× · judgment
  6. Lim v Comcare [2017] FCAFC 64 Cited Federal Court of Australia (Full Court) · cited 7× · judgment
  7. Sesalim v Secretary, Department of Social Services (No 2) [2018] FCA 1401 Cited Federal Court of Australia · cited 1× · judgment

Tree of authority

Built on

The authorities this case relies on, earliest first, and the authorities those relied on. Open a branch to go further back.

Built upon

Later cases citing this one, in order of decision, and the cases citing them in turn. The most cited are shown at each level.

Authorities cited (27)

Earliest first, with how this judgment treated each.

  1. Fitzgerald v Penn [1954] HCA 74 Cited cited 65×
  2. Chapman v Hearse [1961] HCA 46 Cited cited 116×
  3. Migge v Wormald Bros Industries Ltd [1972] 2 NSWLR 29 Cited cited 10×
  4. Migge v Wormald Bros Industries Limited (1973) 47 ALJR 236 Cited cited 10×
  5. Khoury v Government Insurance Office (NSW) [1984] HCA 55 Cited cited 90×
  6. TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation [1988] FCA 119 Cited cited 214×
  7. March v E & MH Stramare Pty Ltd [1991] HCA 12 Cited cited 721×
  8. Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 456 Cited cited 845×
  9. Immigration and Ethnic Affairs, Minister for v Wu Shan Liang [1996] HCA 6 Cited cited 2,712×
  10. Keen v Workers Rehabilitation and Compensation Corporation (1998) 71 SASR 42 Cited cited 6×
  11. Vetter v Lake Macquarie City Council [2001] HCA 12 Cited cited 191×
  12. Birdseye v Australian Securities and Investments Commission [2003] FCAFC 232 Cited cited 192×
  13. Comcare v Hart [2004] FCA 1144 Cited
  14. Commonwealth Superannuation Scheme Board of Trustees v Kitching [2004] FCAFC 299 Cited cited 7×
  15. Hart v Comcare [2005] FCAFC 16 Cited cited 22×
  16. Wecker v Secretary, Department of Education Science and Training [2008] FCAFC 108 Cited cited 16×
  17. Australian Competition and Consumer Commission v Telstra Corporation Limited ACN 051 775 556 [2009] FCAFC 68 Cited cited 10×
  18. Roy Morgan Research Pty Ltd v Commissioner of Taxation [2010] FCAFC 52 Cited cited 24×
  19. Nufarm Australia Ltd v Dow AgroSciences Australia Ltd (No 2) [2011] FCA 757 Cited cited 17×
  20. Comcare v Broadhurst [2011] FCAFC 39 Cited cited 36×
  21. Spaul v Comcare [2012] FCA 741 Cited cited 2×
  22. Commonwealth Bank of Australia v Reeve [2012] FCAFC 21 Cited cited 22×
  23. Comcare v Martinez (No 2) [2013] FCA 439 Cited cited 22×
  24. Re Martin and Comcare [2014] AATA 553 Cited cited 2×
  25. Dunkerley v Comcare [2015] FCA 392 Cited cited 6×
  26. Comcare v Martin [2015] FCA 4 Cited cited 3×
  27. May v Military Rehabilitation and Compensation Commission [2015] FCAFC 93 Cited cited 33×
How the citator works

Citations are read from the text of each indexed judgment. A report citation written alongside a neutral citation, such as [2008] HCA 9; (2008) 234 CLR 50, teaches the citator that both name the same case, so later citations by either are counted together.

Treatment is read from the words in the sentence that cites the case: overruled or disapproved; not followed or declined to follow; distinguished or distinguishable; doubted; applied, followed or adopted. Anything else is cited. It is a guide to which judgments to read, not a judicial history: a judgment that discusses a case at length without one of those words is shown as citing it, and one mentioning several cases in a sentence may attach the word to all of them.

Only judgments in this index are counted, mostly the High Court, the Federal Court and New South Wales courts and tribunals since 2006. Earlier cases appear as authorities but their own authorities are unknown, so a tree ends there. Check a treatment by reading the passage before relying on it.

Judgment text is from the Open Australian Legal Corpus (Isaacus, CC BY 4.0) and the courts’ own websites. Each judgment links to its official version: read it before relying on anything here.