Chief of Navy v Angre [2016] FCAFC 171

FEDERAL COURT OF AUSTRALIA

Chief of Navy v Angre [2016] FCAFC 171 Appeal from: Angre v Chief of Navy (No 2) [2016] ADFDAT 2

File numbers: NSD 1657 of 2016 NSD 1765 of 2016

Judges: ALLSOP CJ, GRIFFITHS, MORTIMER, PERRY AND GLEESON JJ

Date of judgment: 9 December 2016

Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Defence Force Discipline Appeal Tribunal on a question of law pursuant to s 52(1) of the Defence Force Discipline Appeals Act 1955 (Cth) – meaning of "decision" – whether confined to a final and operative "decision" –whether the considerations in Director-General of Social Services v Chaney [1980] FCA 108; 47 FLR 80 apply to s 52(1) of the Defence Force Discipline Appeals Act 1955 (Cth) –interlocutory evidentiary ruling not a "decision" – appeal dismissed – discretionary refusal to extend time to apply for review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – discretionary dismissal of application for judicial review under s 39B of the Judiciary Act 1903 (Cth) EVIDENCE – first respondent sought leave to appeal out of time to the Defence Force Discipline Appeal Tribunal against convictions entered by a General Court Martial – first respondent applied to Tribunal for leave to adduce certain evidence on appeal – Tribunal granted leave relying on implied power in s 23(1) of the Defence Force Discipline Appeals Act 1955 (Cth) – whether s 23(2) of the Defence Force Discipline Appeals Act 1955 (Cth) is exhaustive of the Tribunal's power to receive fresh or new evidence

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 11, 16 Defence Force Discipline Appeals Act 1955 (Cth) ss 15, 17, 19, 23, 23(1)(c), 23(2), 51, 52 Defence Force Discipline Appeals Regulations 1957 (Cth) reg 24 Judiciary Act 1903 (Cth) s 39B