Sleep v Repatriation Commission [2011] FCA 1153

Sleep v Repatriation Commission [2011] FCA 1153

After considering Mr Sleep's notice of appeal and oral submissions, the Court held that his constitutional point did not rise above assertion, so s 78B of the Judiciary Act 1903 (Cth) had not been engaged and the proceeding should continue by further directions toward the hearing of the appeal.

Jurisdiction
Australia
Judgment Date
06 October 2011
Procedural Posture
Appeal From a Decision of the Administrative Appeals Tribunal / Directions Hearing; Consideration of Whether Notice Under S 78 B of the Judiciary Act 1903 (cth) Was Required
Outcome
Section 78B was not engaged at this point; the Court made further directions and adjourned the directions hearing.
Legal Topics
['appeal From Administrative Appeals Tribunal' 'invalidity Service Pension' 'acquisition of Property on Other Than Just Terms' 'notice of Constitutional Matter Under S 78 B of the Judiciary Act 1903 (cth)']
['administrative Law' "veterans' Entitlements" 'constitutional Law'] ['appeal From Administrative Appeals Tribunal' 'invalidity Service Pension' 'acquisition of Property on Other Than Just Terms' 'notice of Constitutional Matter Under S 78 B of the Judiciary Act 1903 (cth)']

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Procedural Posture

Appeal From a Decision of the Administrative Appeals Tribunal / Directions Hearing; Consideration of Whether Notice Under S 78 B of the Judiciary Act 1903 (cth) Was Required

Legal Issues

  1. 1 ["Whether Mr Sleep's constitutional argument about reduction of his pension being an acquisition of property on other than just terms engaged s 78B of the Judiciary Act 1903 (Cth)." 'Whether the matter should proceed to further directions with a view to the appeal being heard.']

Ratio Decidendi

After considering Mr Sleep's notice of appeal and oral submissions, the Court held that his constitutional point did not rise above assertion, so s 78B of the Judiciary Act 1903 (Cth) had not been engaged and the proceeding should continue by further directions toward the hearing of the appeal.

Court Disposition

Section 78B was not engaged at this point; the Court made further directions and adjourned the directions hearing.

Orders

  • ['The directions hearing be adjourned to 24 October 2011 at 9.15 am.' 'There be liberty to apply.' 'Costs be in the cause.']