Johnson v Veterans' Review Board [2003] FCAFC 89

Johnson v Veterans' Review Board [2003] FCAFC 89

Section 155AA(4) did not require the Principal Member or delegate to give the notice immediately at the end of the standard review period or within 28 days thereafter; the power depended also on forming the opinion that the applicant should be ready to proceed. Non-compliance with internal procedural directions,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 May 2003
Procedural Posture
Appeal From a Single Judge of the Federal Court of Australia / Full Court Appeal
Outcome
Appeal dismissed.
Legal Topics
["construction of Veterans' Entitlements Act 1986 (cth) S 155 Aa(4)" "veterans' Review Board Dismissal Procedures" 'validity of Notice Requesting Readiness for Hearing' 'effect of Procedural Directions']
['administrative Law' "veterans' Entitlements"] ["construction of Veterans' Entitlements Act 1986 (cth) S 155 Aa(4)" "veterans' Review Board Dismissal Procedures" 'validity of Notice Requesting Readiness for Hearing' 'effect of Procedural Directions']

Source-derived case record

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Procedural Posture

Appeal From a Single Judge of the Federal Court of Australia / Full Court Appeal

Legal Issues

  1. 1 ["Whether s 155AA(4) of the Veterans' Entitlements Act 1986 (Cth) required a notice to be given immediately at the end of the standard review period or within a short period thereafter." 'Whether alleged non-compliance with dismissal procedures issued under s 142(2)(a) invalidated the notice given under s 155AA(4).']

Ratio Decidendi

Section 155AA(4) did not require the Principal Member or delegate to give the notice immediately at the end of the standard review period or within 28 days thereafter; the power depended also on forming the opinion that the applicant should be ready to proceed. Non-compliance with internal procedural directions, including any failure to make a file note, was not an essential pre-condition to a valid notice. The notice was therefore valid and the later dismissal of the review application was not invalid on the grounds advanced.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellant pay the second respondent's costs of the appeal."]