Application for a writ or mandamus against Hassell & ors Ex Parte Elys Frances Norman [1984] FCA 187

The discretion to refer questions to the Federal Court is vested in the Tribunal, with concurrence of the President, and is not mandatory; a writ of mandamus is inappropriate.

Jurisdiction: Australia
Judgment Date: 04 July 1984
Procedural Posture: Application for Writ of Mandamus / Judgment
Outcome: application refused
Legal Topics: ['repatriation' 'mandamus' 'tribunal Procedure' "widow's Pension"]

['administrative Law'] ['repatriation' 'mandamus' 'tribunal Procedure' "widow's Pension"]

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Procedural Posture

Application for Writ of Mandamus / Judgment

Legal Issues

1 ['Whether members of the Repatriation Review Tribunal should be compelled by mandamus to refer questions to the Federal Court' 'Interpretation of the discretion vested in the Tribunal and President regarding referral of questions' "Construction of the term 'may' in the legislative context"]

Ratio Decidendi

The discretion to refer questions to the Federal Court is vested in the Tribunal, with concurrence of the President, and is not mandatory; a writ of mandamus is inappropriate.

Court Disposition

application refused

Orders

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