Federal Court of Australia
CATCHWORDS
Pepatriation - Pension claim by widow refused by Repatriation Commission then aranted on appeal by Repatriation Review Tribunal - Application for review by Commission of so much of Tribunal's decision as related to date of commencement of pension - whether such decision excluded from review by Commission under sub-para. 31(3)(a)(i) Repatriation Act 1920 by reason of its being "a decision of the Repatriation Review Tribunal referred to in section 107VZB" - whether a decision granting a pension operative from a date later than that
claimed is a decision favourable to the applicant.
Repatriation Act 1920, ss. 31, 107VZB, 107VC
PEPATPIATION COMMISSION v. ETHEL MAUDE DONOVAN
WAG 28 of 1985
CORAM: Bowen C.J., Fisher and Lockhart JJ. 2 August 1985
Sydney
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IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA
DISTRICT REGISTRY
GENERAL DIVISION
JUDGES MAKING ORDER:
WHERE MADE:
DATE OF QRDER:
THE COURT ORDERS THAT:
) ) ) No. WAG 28 of 1985 ) ) ) )
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
THE REPATRIATION COMMISSION
Appellant ETHEL MAUDE DONOVAN
Respondent BOWEN C.d., FISHER, and LOCKHART JJ. SYDNEY 2 AUGUST 1985 MINUTE OF ORDER
1. The appeal be allowed.
2. The orders dated 1 March 1985 of the primary Judge be set aside.
3. The application for review made by Ethel Maude Donovan
pursuant to the provisions of the Administrative Decisions
(Judicial Review) Act, 1977 be dismissed.
4, Ethel Maude
Donovan pay to the Repatriation Commission its
costs of the application for review and of this appeal. i
Settlement and entry of orders is dealt with in Order 36 of
the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA No. WAG 28 of 1985
DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
THE REPATRIATION COMMISSION Appellant ETHEL MAUDE DONOVAN Respondent Bowen C.Jd., Fisher, and Lockhart JJ.
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