Repatriation Commission v Forrest, Brian, in his Capacity as Deputy President of the Administrative Appeals Tribunal & Anor [1998] FCA 1316

Repatriation Commission v Forrest, Brian, in his Capacity as Deputy President of the Administrative Appeals Tribunal & Anor [1998] FCA 1316

The AAT was not functus officio because the Assessment Application and the Entitlement Claim were separate and independent matters. In 1996 the AAT decided the Entitlement Claim, remitted assessment consequent on that entitlement decision to the Commission, and effectively adjourned the separate Assessment Application by consent to be heard with application No V 96/157. The references to liberty to be heard or liberty to apply were not used in a technical sense and did not amount to reopening a final decision. The 1997 direction was therefore within jurisdiction. Time was extended because the AAT's reasons were provided late, the filing delay resulted from disruption and confusion in the...

Jurisdiction
Australia
Judgment Date
20 October 1998
Procedural Posture
Application for Judicial Review Under the Administrative Decisions (judicial Review) Act 1974 (cth), Alternatively Under S 39 B of the Judiciary Act 1903 (cth) / Federal Court Determination of Application to Review an Administrative Appeals Tribunal Direction, With Application for Extension of Time
Outcome
Time extended so far as necessary; application dismissed with costs, including reserved costs.
Legal Topics
['administrative Appeals Tribunal Jurisdiction' 'functus Officio' 'liberty to Apply' "veterans' Pension Assessment" 'war Caused Disability']
["veterans' Entitlements" 'administrative Law' 'judicial Review'] ['administrative Appeals Tribunal Jurisdiction' 'functus Officio' 'liberty to Apply' "veterans' Pension Assessment" 'war Caused Disability']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Judicial Review Under the Administrative Decisions (judicial Review) Act 1974 (cth), Alternatively Under S 39 B of the Judiciary Act 1903 (cth) / Federal Court Determination of Application to Review an Administrative Appeals Tribunal Direction, With Application for Extension of Time

Legal Issues

  1. 1 ['Whether the Administrative Appeals Tribunal was functus officio after its 1996 decision remitting the question of assessment to the Repatriation Commission.' "Whether the AAT's reservation of liberty to apply meant that the Assessment Application could be heard with application No V 96/157." 'Whether time should be extended to bring the application under the Administrative Decisions (Judicial Review) Act 1974 (Cth).']

Ratio Decidendi

The AAT was not functus officio because the Assessment Application and the Entitlement Claim were separate and independent matters. In 1996 the AAT decided the Entitlement Claim, remitted assessment consequent on that entitlement decision to the Commission, and effectively adjourned the separate Assessment Application by consent to be heard with application No V 96/157. The references to liberty to be heard or liberty to apply were not used in a technical sense and did not amount to reopening a final decision. The 1997 direction was therefore within jurisdiction. Time was extended because the AAT's reasons were provided late, the filing delay resulted from disruption and confusion in the...

Court Disposition

Time extended so far as necessary; application dismissed with costs, including reserved costs.

Orders

  • ['Extend time so far as is necessary to bring application under the Administrative Decision (Judicial Review) Act 1974 (Cth) out of time.' 'The application will be dismissed with costs, including reserved costs.']