Federal Court of Australia
CATCHWORDS
or
Administrative Law - Judicial Review - Repatriation Act - review by Commission under s.31 - scope of review - decision of Commission to grant pension - whether Commission has a discretion to specify date for commencement of pension.- whether discretion limited by 3.31(2), s.101 or s.29 of the Act - effect of para.27(1)(d) of the Act -
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unrestricted discretion relevant and irrelevant considerations - Act
rl
does not specify any particulat considerations ~ delegate entitled to
select matters she saw as relevant.
Administrative Decisions (Judicial Review) Act 1977: s.5 Repatriation Act 1920: ss. 24, 27, 29, 30, 31, 47, 101 and 107VZG.
HELEN BASTIANI v. THE REPATRIATION COMMISSION
WAG 27 of 1985
Bowen C.J., Fisher & Lockhart JJ. Sydney
12 June 1985
IN THE FEDERAL COURT OF AUSTRALIA ) $ ) ¢ WESTERN AUSTRALIA DISTRICT REGISTRY)
) No. WAG 27 of 1985 GENERAL DIVISION ) ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA ae BETWEEN: ot} 7: | HELEN BASTTANT ee . Appellant 7 7. ee = and -
THE REPATRIATION COMMISSION
Respondent
Judges Making Order: Bowen C.J., Fisher and Lockhart JJ.
Where Made: Sydney Date of Order: 12 June 1985
MINUTE OF ORDER
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant pay to the respondent, The Repatriation
Commission, its costs of the appeal.
NOTE: Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) 3
) WESTERN AUSTRALIA DISTRICT REGISTRY)
) No. WAG 27 of 1985 GENERAL DIVISION )
-
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
HELEN BASTIANT ai a ee . . - s Appellant
- and - THE REPATRIATION COMMISSION
Respondent
CORAM: Bowen C.d., Fisher and Lockhart JJ. 12 dune 1985.
REASONS FOR JUDGMENT THE COURT: This is an appeal from a single Judge of this Court dismissing an application under the Administrative Decisions (Judicial Review) Act 1977 ("the Judicial Review Act") by the
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