Federal Court of Australia
- bI ' \> pace:
Administrative Taw - judicial review - decision by delegate of
Repatriation Commission under 5.31 of the Repatriation Act not to
review a decision to refuse the applicant's claim for a war
pension - whether decision involved an error of law or was an improper exercise of power - consideration of the onus of proof upon persons applying for war pensions - effect of repeal of 5.31 of the Act by the Repatriation Legislation Amendment Act upon the applicant's right to review under 5.31 - whether transitional provisions of amending Act an exhaustive code specifying rights
and claims not extinguished by amending Act
Ftatab ie te ee
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Administrative Decisions (Judicial Review) Act 1977 ss.5(1)(e) & (f), 13
oF
Repatriation Act 1920 ss. 31, 107VM
Repatriation Leqislation Amendment Act 1984 5.53 Acts Interpretation Act 1901 5.8
THELMA HONORA MARION HINGE v. KAY MAREE RODDA & THE COMMONWEALTH OF AUSTRALIA
No. WA G23 of 1983
TOOHEY 3. ;
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PERTH
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1 MARCH 1985
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OS wt FeO ere a NEEL Ns ek He IYI ee ere rte err mea OF RO ree temmmermermi erin anes etn smree treme ere
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
No. WA G23 of 1983
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BETWEEN: THELMA HONORA MARION HINGE
Applicant and
KAY MAREE RODDA
First Respondent
THE COMMONWEALTH OF AUSTRALIA
Second Respondent
Oo R D E R
JUDGE MAKING ORDER Toohey J.
DATE _OF ORDER i March 1985
WHERE MADE Perth
THE COURT ORDERS THAT:
1. The first respondent review, under 5.31 of the Repatriation Act 1920 as it stood hefore the Repatriation Legislation Amendment Act 1984, the decision of the No. 3 War Pensions Entitlement Appeal
Tribunal made on 21 February 1978 disallowing the
applicant's appeal against the refusal of her claim for
a pension.
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Ne rn CPE REE mre eee reer TNE REET TOL TI RE a re i ET eer RETF
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