Application for a writ of mandamus against Hassell, Roland Patrick & Ors Ex Parte Norman, Elys Francis the Commonwealth of Australia [1984] FCA 244

Application for a writ of mandamus against Hassell, Roland Patrick & Ors Ex Parte Norman, Elys Francis the Commonwealth of Australia [1984] FCA 244

For the reasons stated in the judgment on the similar application of Mrs. Pride, the application for a writ of prohibition must be dismissed as the Tribunal's actions are within its investigative function.

Parties
Prosecutor: Elys Frances Norman; Respondent: Roland Patrick Hassell; Respondent: Desmond Matthen Tehan; Respondent: Stanley McLeish Harris; Respondent: Repatriation Review Tribunal; Third Party: The Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
20 August 1984
Procedural Posture
Application for Writ of Prohibition / Final Judgment
Outcome
application dismissed
Legal Topics
Repatriation, Jurisdiction of Tribunals, Reviewability of Summons, Attendance of Applicant, Investigative Function of Tribunal
Administrative Law Military Pensions Repatriation Jurisdiction of Tribunals Reviewability of Summons Attendance of Applicant Investigative Function of Tribunal

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Parties

Elys Frances Norman

Prosecutor

Roland Patrick Hassell

Respondent

Desmond Matthen Tehan

Respondent

Stanley McLeish Harris

Respondent

Repatriation Review Tribunal

Respondent

The Commonwealth of Australia

Third Party

Procedural Posture

Application for Writ of Prohibition / Final Judgment

Legal Issues

  1. 1 Whether the issuing of a summons by the Repatriation Review Tribunal is capable of review
  2. 2 Whether the Tribunal may require the applicant to attend to give evidence
  3. 3 Investigative function of the Tribunal under the Repatriation Act 1920

Ratio Decidendi

For the reasons stated in the judgment on the similar application of Mrs. Pride, the application for a writ of prohibition must be dismissed as the Tribunal's actions are within its investigative function.

Court Disposition

application dismissed

Orders

  • The application for a writ of prohibition against Roland Patrick Hassell, Desmond Matthen Tehan and Stanley McLeish Harris be dismissed.