Application for a Writ of Mandamus against Hassell, Roland Patrick, Depty President, Tehan, Desmond Mathew, Services Member and Harris, Stanley McLeish, Member, a Repatriation review Tribunal; ex parte Pride, Honora Mary and Norman, Elys Francis [1984] FCA 46

Application for a Writ of Mandamus against Hassell, Roland Patrick, Depty President, Tehan, Desmond Mathew, Services Member and Harris, Stanley McLeish, Member, a Repatriation review Tribunal; ex parte Pride, Honora Mary and Norman, Elys Francis [1984] FCA 46

Granting the extension of time to allow an application for mandamus is not to give s.39B of the Judiciary Act or Order 54A retrospective operation; s.39B is not a substantive provision attaching new consequences but deals with pursuit of remedies, and once enacted empowers the Federal Court to entertain applications even for conduct anterior to the grant of jurisdiction.

Parties
Prosecutor: Honora Mary Pride; Prosecutor: Elys Frances Norman; Respondent: Roland Patrick Hassell; Respondent: Desmond Matthew Tehan; Respondent: Stanley McLeish Harris
Jurisdiction
Australia
Judgment Date
09 March 1984
Procedural Posture
Application for Writ of Mandamus / Extension of Time Application and Order
Outcome
extension of time granted
Legal Topics
Retrospective Operation of Statutes, Procedural Amendments, Mandamus Against Commonwealth Officers
Administrative Law Federal Jurisdiction Retrospective Operation of Statutes Procedural Amendments Mandamus Against Commonwealth Officers

Case Brief

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Parties

Honora Mary Pride

Prosecutor

Elys Frances Norman

Prosecutor

Roland Patrick Hassell

Respondent

Desmond Matthew Tehan

Respondent

Stanley McLeish Harris

Respondent

Procedural Posture

Application for Writ of Mandamus / Extension of Time Application and Order

Legal Issues

  1. 1 Whether amendments to Judiciary Act s.39B and Federal Court Rules 0.54A have retrospective operation
  2. 2 Whether the amendments attached new legal consequences to pre-commencement facts
  3. 3 Whether s.39B and Order 54A are procedural rather than substantive

Ratio Decidendi

Granting the extension of time to allow an application for mandamus is not to give s.39B of the Judiciary Act or Order 54A retrospective operation; s.39B is not a substantive provision attaching new consequences but deals with pursuit of remedies, and once enacted empowers the Federal Court to entertain applications even for conduct anterior to the grant of jurisdiction.

Court Disposition

extension of time granted

Orders

  • The time for making an application for a writ of mandamus in terms of the application annexed to the affidavit of Gavin David Crocket filed in the proceedings is, in the case of each of these matters, extended until 16 March 1984.
  • Leave is granted to file an application for a writ of mandamus in terms of the form of application annexed to the affidavit of Gavin David Crocket filed in the proceedings.