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Prain v Comcare

[2017] FCAFC 143 ; (2017) 256 FCR 65

Federal Court of Australia (Full Court) · 5 September 2017 · Official judgment

Cited by 7 indexed judgments

All Applied or followed 2 Cited 5

2017: 1 citing judgment 2019: 1 citing judgment 2021: 1 citing judgment 2022: 1 citing judgment 2023: 2 citing judgments 2025: 1 citing judgment 2017 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. Bailey v Broadsword Marine Contractors Pty Ltd [2017] FCAFC 219 Cited Federal Court of Australia (Full Court) · judgment
  2. Comcare v ZZRP [2019] FCA 952 Cited Federal Court of Australia · cited 1× · judgment
  3. Woodhouse v Comcare [2021] FCAFC 95 Applied or followed Federal Court of Australia (Full Court) · cited 6× · judgment
  4. De Tarle v Comcare [2022] FCA 175 Applied or followed Federal Court of Australia · cited 1× · judgment
  5. John Holland Pty Ltd v Bartlett [2023] FCA 1030 Cited Federal Court of Australia · judgment
  6. Comcare v SDCS [2023] FCA 1509 Cited Federal Court of Australia · judgment
  7. Comcare v DSLB [2025] FCAFC 13 Cited Federal Court of Australia (Full Court) · 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 (19)

Earliest first, with how this judgment treated each.

  1. Hume Steel Ltd v Peart [1947] HCA 34 Cited cited 14×
  2. Australian Telecommunications Commission v Tzikas (1985) 5 AAR 173 Cited cited 2×
  3. Accident Compensation Commission v McIntosh [1991] 2 VR 253 Cited cited 15×
  4. Comcare v Mooi, Paul [1996] FCA 508 Cited cited 24×
  5. Zickar v MGH Plastic Industries Pty Ltd [1996] HCA 31 Cited cited 83×
  6. Immigration and Ethnic Affairs, Minister for v Wu Shan Liang [1996] HCA 6 Cited cited 2,712×
  7. Australian Postal Corp v Burch, Simon John [1998] FCA 944 Cited cited 7×
  8. Glennan v Commissioner of Taxation [1999] FCA 297 Cited cited 48×
  9. Lees v Comcare [1999] FCA 753 Cited cited 54×
  10. Kennedy Cleaning Services Pty Limited v Petkoska [2000] HCA 45 Cited cited 20×
  11. Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Applicants S134/2002 [2003] HCA 1 Cited cited 185×
  12. [2004] AATA 999 Cited
  13. Telstra Corporation Ltd v Hannaford [2006] FCAFC 87 Cited cited 30×
  14. Canute v Comcare [2006] HCA 47 Cited cited 43×
  15. Cao v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCA 52 Cited cited 3×
  16. Comcare v Power [2015] FCA 1502 Cited cited 9×
  17. May v Military Rehabilitation and Compensation Commission [2015] FCAFC 93 Cited cited 33×
  18. [2016] AATA 459 Cited
  19. Military Rehabilitation and Compensation Commission v May [2016] HCA 19 Cited cited 36×
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.