Kowalski v Repatriation Commission [2011] FCAFC 43

FEDERAL COURT OF AUSTRALIA

Kowalski v Repatriation Commission [2011] FCAFC 43 Citation: Kowalski v Repatriation Commission [2011] FCAFC 43

Appeal from: Kowalski v Repatriation Commission [2010] FCA 409

Parties: KAZIMIR KOWALSKI v REPATRIATION COMMISSION

File number: SAD 55 of 2010

Judges: DOWSETT, COWDROY AND LOGAN JJ

Date of judgment: 28 March 2011

Catchwords: DEFENCE AND WAR – appeal from a decision of a single Judge of the Federal Court of Australia affirming a decision of the Administrative Appeals Tribunal, which had overturned an earlier decision of the Veterans Review Board in the appellant's favour – whether the primary Judge had erred by not construing the Veterans Entitlements Act 1986 (Cth) broadly in light of its beneficial purpose – whether the primary Judge had erred in concluding that the Administrative Appeal Tribunal had correctly construed and applied ss 120(4) and 120B(3) of the Veterans Entitlements Act 1986 (Cth) – whether the trial Judge erred in finding that the Administrative Appeals Tribunal had the power to put in issue findings of fact that had been decided in the appellant's favour by the Veterans Review Board EVIDENCE – whether the Court should exercise its discretion under s 27 of the Federal Court of Australia Act 1976 (Cth) to allow the introduction of new evidence on appeal PRACTICE AND PROCEDURE – whether the appellant should be granted leave to amend his notice of appeal – applicant sought to raise the question of whether the primary Judge ought to have disqualified himself on appeal in circumstances where the issue had not been raised at first instance