Collins v Military Rehabilitation & Compensation Commission [2005] FCA 1862

Collins v Military Rehabilitation & Compensation Commission [2005] FCA 1862

Senior Member Allen had no power under the Administrative Appeals Tribunal Act 1975 (Cth), the Safety Rehabilitation and Compensation Act 1988 (Cth), the Acts Interpretation Act 1901 (Cth), nor under the AAT's General Practice Direction to vary or amend a costs order made by consent under s 42C, except in limited...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 December 2005
Procedural Posture
Judicial Review Application / Judgment
Outcome
Application allowed. Direction of Senior Member Allen set aside. Matter remitted for re-taxation of costs. Respondent to pay applicant's costs of this application.
Legal Topics
['consent Orders' 'tribunal Powers' 'costs in Administrative Proceedings' 'powers to Amend Tribunal Orders']
['administrative Law' 'practice and Procedure'] ['consent Orders' 'tribunal Powers' 'costs in Administrative Proceedings' 'powers to Amend Tribunal Orders']

Source-derived case record

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Procedural Posture

Judicial Review Application / Judgment

Legal Issues

  1. 1 ['Whether the Administrative Appeals Tribunal had power to amend a costs order made by consent under s 42C of the Administrative Appeals Tribunal Act 1975 (Cth)' 'Scope of s 43AA of the Administrative Appeals Tribunal Act 1975 (Cth) as to amendment of decisions/orders']

Ratio Decidendi

Senior Member Allen had no power under the Administrative Appeals Tribunal Act 1975 (Cth), the Safety Rehabilitation and Compensation Act 1988 (Cth), the Acts Interpretation Act 1901 (Cth), nor under the AAT's General Practice Direction to vary or amend a costs order made by consent under s 42C, except in limited circumstances such as clerical error under s 43AA. Senior Member Allen's direction of 8 July 2005, excluding costs incurred after 14 February 2005, was made without statutory authority and must be set aside.

Court Disposition

Application allowed. Direction of Senior Member Allen set aside. Matter remitted for re-taxation of costs. Respondent to pay applicant's costs of this application.

Orders

  • ['The direction of Senior Member Allen dated 8 July 2005 be set aside.' "The matter be remitted to the Deputy Registrar of the AAT to tax or assess the applicant's bill of costs in proceedings N2004/406 in accordance with these reasons." "The respondent pay the applicant's costs of this application."]