Repatriation Commission v Morris, William Harold & Anor [1997] FCA 1524

FEDERAL COURT OF AUSTRALIA Veterans' Affairs - Administrative Appeals Tribunal - whether Administrative Appeals Tribunal abdicated its statutory function by standing over a matter before it for twelve months - whether statutory duty must be performed within what is, in the circumstances, a reasonable time - inquisitorial nature of review conducted by Administrative Appeals Tribunal. Veterans' Entitlement Act 1986 Administrative Appeals Tribunal Act 1975 Re Lawlor (1978) 1 ALD 167 - cited Bushell v Repatriation Commission (1992) 175 CLR 408 - cons. Noble v Repatriation Commission, Beaumont, Branson and Merkel JJ, 3 November 1997, unreported - cons. Jayasinghe v Minister for Immigration and Ethnic Affairs (1997) 145 ALR 532 - cited Giris Pty Ltd v Federal Commissioner of Taxation (1969) 119 CLR 365 - appl. Re Coldham; Ex parte Brideson (1989) 166 CLR 338 - appl. REPATRIATION COMMISSION v WILLIAM HAROLD MORRIS and DESMOND PATRICK BREEN QG 29 of 1997 JUDGE: BEAUMONT J PLACE: BRISBANE DATE: 18 NOVEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 29 of 1997

BETWEEN: REPATRIATION COMMISSION

Applicant

AND: WILLIAM HAROLD MORRIS

First Respondent

DESMOND PATRICK BREEN (A DEPUTY PRESIDENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL)

Second Respondent

JUDGE: BEAUMONT J

DATE OF ORDER: 18 NOVEMBER 1997

WHERE MADE: BRISBANE

ORDERS: 1. Appeal allowed; set aside the interim decision made on 5 February 1997. 2. Remit the matter to the Administrative Appeals Tribunal for reconsideration in accordance with law by a reconstituted Tribunal, with or without the hearing of fresh evidence. 3. No order for costs; note that the parties have reached an agreement on the question of costs.