Murray v Repatriation Commission (No 2) [2016] FCA 1216

Murray v Repatriation Commission (No 2) [2016] FCA 1216

Given the initial Tribunal member is no longer available and possible need for updating evidence, the Tribunal itself should determine whether to limit further evidence on remittal without a provisional limitation imposed by the Court.

Jurisdiction
Australia
Judgment Date
14 October 2016
Procedural Posture
Appeal / Post Substantive Judgment; Scope of Remittal to Tribunal Determined
Outcome
Order limiting remittal to reconsideration of identified statutory provisions, with no restriction imposed by the Court on further evidence.
Legal Topics
['scope of Remittal' 'calling of Further Evidence on Remittal' 'powers of the Tribunal Under AAT Act' "veterans' Entitlements"]
['administrative Law'] ['scope of Remittal' 'calling of Further Evidence on Remittal' 'powers of the Tribunal Under AAT Act' "veterans' Entitlements"]

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Procedural Posture

Appeal / Post Substantive Judgment; Scope of Remittal to Tribunal Determined

Legal Issues

  1. 1 ['Should the remittal to the Tribunal be limited regarding the calling of further evidence?' 'Who should determine any limitation on the calling of further evidence in the remitted hearing?']

Ratio Decidendi

Given the initial Tribunal member is no longer available and possible need for updating evidence, the Tribunal itself should determine whether to limit further evidence on remittal without a provisional limitation imposed by the Court.

Court Disposition

Order limiting remittal to reconsideration of identified statutory provisions, with no restriction imposed by the Court on further evidence.

Orders

  • ['Order 3 of the Orders made on 22 September 2016 set aside.' "Case remitted to the Tribunal limited to reconsideration of issues raised by sections 23(1)(c), 23(3), 24(1)(c), and 24(2) of the Veterans' Entitlements Act 1986 (Cth)."]