Federal Court of Australia
JUDGMENT No. sreal SS csue oe ea oe
Repatriation ~ war widow's pension - summons to applicant to attend hearing by Repatriation Review Tribunal - objection by
applicant's representative - request to have questions referred to Federal Court refused - writ of mandamus - question of construction - meaning of "may" - discretion vested in Tribunal
with concurrence otf President - writ of mandamus inappropriate
Repatriation Act 1920 ss. 31, 107VU, 107VY, 107VZZB, 107V2ZG, 107VZZH
Judiciary Act 1903 s.39B
Broadcasting and Television Act 1942 s.22B Copyright Act 1968 s.161
Administrative Appeals Tribunal Act 1975 s.45 Income Tax Assessment Act 1936
Criminal Appeal Act 1912 (N.S.W.) s.5B
APPLICATION for a Writ of Mandamus against Roland Patrick Hassell, Deputy President, Desmond Matthew Tehan, Services Member and Stanley McLeish Harris. Member. a Repatriation Review Tribunal
Ex Parte: HONORA MARY PRIDE (Prosecutor) Commonwealth of Australia (Third Party)
No. WA G22 of 1984
TOOHEY J. PERTH 4 JULY 1984
IN THE FEDERAL COURT
OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
No. WA G22 of 1984
weer we
APPLICATION for a Writ of Mandamus against Roland Patrick Hassell, Deputy President, Desmond Matthew Tehan,
Services Member and Stanley McLeish Harris, Member, a Repatriation Review Tribunal
Ex Parte
HONORA MARY PRIDE
Prosecutor
COMMONWEALTH OF AUSTRALIA
Third Party CORAM: TOOHEY J. 4 JULY 1984 REASONS FOR JUDGMENT Mrs. Pride is the widow of an ex-serviceman. In 1972
the War Pensions Entitlement Appeal Tribunal (established under the Repatriation Act 1920 but now longer in existence) refused her claim for a pension on the ground that it was not satisfied that
the death of her late husband was related to war service.
Sub-section 31{(1) of the Act empowers the Repatriation Commission, where there appears sufficient reason for reviewing a decision in relation to a pension, to review that decision.
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