Application for a writ of mandamus against Roland Patrick Hassell, Deputy President, Desmond Matthew Tehan, Services Member and Stanley McLeish Harris, member, a Repatriation Review Tribunal ex parte Pride, Honora Mary Commonwealth of Australia [1984] FCA 188

Application for a writ of mandamus against Roland Patrick Hassell, Deputy President, Desmond Matthew Tehan, Services Member and Stanley McLeish Harris, member, a Repatriation Review Tribunal ex parte Pride, Honora Mary Commonwealth of Australia [1984] FCA 188

Section 107VZZG(1) confers a discretionary power on the Tribunal to refer questions of law to the Federal Court and does not oblige it to do so simply upon a party’s request; consequently, mandamus does not lie to compel the exercise of that discretion.

Parties
Prosecutor: Honora Mary Pride; Tribunal Member (deputy President): Roland Patrick Hassell; Tribunal Member (services Member): Desmond Matthew Tehan; Tribunal Member: Stanley McLeish Harris; Third Party: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
04 July 1984
Procedural Posture
Application for Judicial Review (writ of Mandamus, Prohibition) / Hearing and Judgment on Writ of Mandamus; Directions for Submissions on Prohibition
Outcome
Application for writ of mandamus dismissed; directions to be made for written submissions on relief by way of prohibition.
Legal Topics
Mandamus, Prohibition, Interpretation of Administrative Discretion, Referral of Legal Questions, War Widow's Pension
Administrative Law Pensions Law Statutory Interpretation Mandamus Prohibition Interpretation of Administrative Discretion Referral of Legal Questions War Widow's Pension

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Parties

Honora Mary Pride

Prosecutor

Roland Patrick Hassell

Tribunal Member (deputy President)

Desmond Matthew Tehan

Tribunal Member (services Member)

Stanley McLeish Harris

Tribunal Member

Commonwealth of Australia

Third Party

Procedural Posture

Application for Judicial Review (writ of Mandamus, Prohibition) / Hearing and Judgment on Writ of Mandamus; Directions for Submissions on Prohibition

Legal Issues

  1. 1 Whether the Repatriation Review Tribunal was obliged under s.107VZZG(1) of the Repatriation Act 1920 to refer a legal question to the Federal Court upon request
  2. 2 Whether writ of mandamus is appropriate to compel the Tribunal to refer a question of law

Ratio Decidendi

Section 107VZZG(1) confers a discretionary power on the Tribunal to refer questions of law to the Federal Court and does not oblige it to do so simply upon a party’s request; consequently, mandamus does not lie to compel the exercise of that discretion.

Court Disposition

Application for writ of mandamus dismissed; directions to be made for written submissions on relief by way of prohibition.

Orders

  • Application for writ of mandamus dismissed as inappropriate.
  • Directions to be given for written submissions on the relief sought by way of prohibition.