Question 1: In 2011 a tribunal (ie not a court) considered whether a person in the Australian Defence Force, who suffered from fatigue and dizziness after receiving medical vaccinations, had a compensable ‘injury’ as a result of his employment under the relevant federal legislation. Give the name of the tribunal and the decision with its medium neutral citation.
Question 2: What was the main High Court authority relied on by the tribunal in deciding that the applicant had not suffered an injury within the meaning of the legislation?
Question 3: The tribunal decision referred to in Q1 was appealed. Give the medium neutral citation of the decision on the appeal. Did the court allow or dismiss the appeal, and (briefly) why?
Question 4: The decision referred to in Q3 was subject to a further appeal. Give the medium neutral citation of the decision on the appeal, and two additional citations to the reported decision.
Question 5: The respondent in the case referred to in Q4 applied for special leave to appeal to the High Court of Australia, which was granted. On what date was that application heard, and how many minutes did the High Court take to decide the application?
Question 6: What statute specifies the criteria that the High Court must apply in deciding whether to grant special leave to appeal? What are those criteria?
Question 7: After special leave was granted, the case proceeded to a full hearing. Name the legal counsel who represented the respondent in the full appeal. One justice who granted special leave to appeal did not sit on the appeal. Name the justice.
Question 8: The legislation considered in the above litigation was the subject of an official review. Give a reference for the review. What recommendation did the review make about the circumstances in which an incident (such as a heart attack) that is manifestation of a disease can be compensated?
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