Peacock v Repatriation Commission [2007] FCAFC 156

FEDERAL COURT OF AUSTRALIA Peacock v Repatriation Commission [2007] FCAFC 156 DEFENCE AND WAR – veterans' entitlements – appeal from Administrative Appeals Tribunal – application for pension at special rate or intermediate rate – application failed on independent ground not disputed in appeal – appeal dismissed. PRACTICE AND PROCEDURE – Administrative Appeals Tribunal – remittal – extent of review on remittal – order that the matter be remitted to the Tribunal for further consideration in accordance with law – no express or implied limitation – concession made at first hearing disputed during rehearing – matter remitted is the whole matter – matter remitted is not confined to the question of law considered – specific remittal orders appropriate in ambiguous cases – not prevented from raising issue not raised below.

Administrative Appeals Tribunal Act 1975 (Cth) ss 42C, 44 Veterans' Entitlements Act 1986 (Cth) ss 23, 24, 28 Comcare v Fielder (2001) 115 FCR 328 Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FCR 409 cited Flentjar v Repatriation Commission (1997) 48 ALD 1 cited Minister for Immigration and Multicultural Affairs v Wang (2003) 215 CLR 518 referred to Morales v Minister for Immigration and Multicultural Affairs (1998) 154 ALR 51 cited Peacock v Repatriation Commission [2004] AATA 523 cited Peacock v Repatriation Commission [2004] FCA 1449 referred to Peacock v Repatriation Commission [2007] AATA 1208 affirmed Repatriation Commission v Nation (1995) 57 FCR 25 distinguished Repatriation Commission v Yates (1997) 46 ALD 487 cited Roncevich v Repatriation Commission (2005) 222 CLR 115 cited Roncevich and Repatriation Commission (2006) 91 ALD 662 cited Wang v Minister for Immigration and Multicultural Affairs [No. 2] (2001) 108 FCR 167 cited X v Commonwealth (1999) 206 CLR 177 cited GEOFFREY RAYMOND PEACOCK V REPATRIATION COMMISSION QUD 125 of 2007 DOWNES, LANDER AND BUCHANAN JJ 26 SEPTEMBER 2007 BRISBANE