Keller, M. v. Australian Postal Corporation [1994] FCA 1002

~)

JUDGMENT No. 0/0087 Dt, IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No.VG 394 of 1994

GENERAL DIVISION

BETWEEN:

MARIA KELLER

Applicant - and - AUSTRALIAN POSTATL CORPORATION Respondent JUDGE Heerey J DATE: 2 December 1994 PLACE: Melbourne

EX TEMPORE REASONS FOR JUDGMENT

The respondent Australian Postal Corporation applies for an order under O 20 r 2, which enables the Court when it is

satisfied in relation to any claim that there is no reasonable cause of action disclosed, or that the proceeding is frivolous or vexatious or an abuse of the process of the Court, to order

that the proceeding be stayed or dismissed generally.

The proceeding was started on 7 November 1994 when the applicant lodged an application for a review of certain administrative decisions. Those were - first, a decision made by Angela Sawyer, claims manager, Australia Post, on 4 March 1992, relating to compensation for personal injury sustained on 12 September 1991; secondly a decision made by S. Wallace, work environment section, retail and delivery business unit claims manager on 26 February 1993 relating to compensation

for personal injury sustained on or after 17 June 1992; and

thirdly, made by Mrs L. Turner for K.A. Searson, Commissioner for Superannuation, Commonwealth Superannuation Administration on 29 June 1994 relating to an application for payment of the

total and permanent disablement benefits.

It appears the applicant has commenced proceedings in the Administrative Appeals Tribunal seeking to review the second of those decisions. Quite apart from the question that the present application to this Court is out of time under the Administrative Decisions (Judicial Review) Act, it seems much better from everyone's point of view, especially the applicant's, that she have the full right of re-hearing of her claim for compensation that she will get in the Administrative Appeals Tribunal. This Court can only review questions of