Irwin v Military Rehabilitation & Compensation Commission [2009] FCAFC 33

FEDERAL COURT OF AUSTRALIA

Irwin v Military Rehabilitation & Compensation Commission [2009] FCAFC 33 ADMINISTRATIVE LAW – consideration of whether the Administrative Appeals Tribunal in reviewing a decision of the Military Rehabilitation Compensation Commission may determine a claim for compensation once satisfied the Commission is liable for a "service injury", even though the Commission has found no liability and not assessed compensation ADMINISTRATIVE LAW – consideration of the competency of an appeal – consideration of s 39B of the Judiciary Act 1903 (Cth) – consideration of s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – consideration of whether the present appeal lies from the effective determination of the application for review – consideration of whether the Tribunal proceeding is capable of being divided into separate parts giving rise to several independent "decisions" – consideration of the scope of s 319 of the Military Rehabilitation and Compensation Act 2004 (Cth) PRACTICE AND PROCEDURE – consideration of an exercise of judicial power in setting aside an exercise of executive power – limitations on the power to set aside by consent – consideration of the need for the Court to address a contended error of law for itself Military Rehabilitation and Compensation Act 2004 (Cth), ss 23, 68, 319, 333, 349, 353 Judiciary Act 1903 (Cth), s 39B Administrative Appeals Tribunal Act 1975 (Cth), s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Director-General of Social Services v Chaney (1980) 31 ALR 571 - cited Australian Securities and Investments Commission v PTLZ [2008] FCAFC 164 - cited Repatriation Commission v Stafford (1995) 56 FCR 132 - cited Kovalev v Minister for Immigration and Multicultural Affairs (1999) 100 FCR 323; [1999] FCA 557 – cited and quoted Sanchez v Minister for Immigration and Multicultural Affairs [1999] FCA 265 - cited Xiao v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 129; [2001] FCA 459 - cited Minister for Immigration and Multicultural Affairs v Villa (2001) 115 FCR 16; [2001] FCA 1175 - cited Yulianti v Minister for Immigration and Multicultural Affairs [2001] FCA 142 – cited Minister for Immigration and Ethnic Affairs v Gungor (1982) 42 ALR 209 - cited Minister for Immigration and Multicultural Affairs v Thiyagarajah (2000) 199 CLR 343 – cited and quoted Re Paul Fuad and Telstra Corporation Limited (2004) 39 AAR 496 – cited Lees v Comcare (1999) 56 ALD 84 – cited and distinguished