Beale, John Elgar v Administrative Appeals Tribunal & Anor [1998] FCA 218

FEDERAL COURT OF AUSTRALIA VETERANS' AFFAIRS - application for review of conduct of Administrative Appeals Tribunal - refusal by Administrative Appeals Tribunal to adjourn hearing of application for review of decision in relation to claim on Repatriation Commission for pension - existing Statement of Principles applicable to claims - separate review of Statement of Principles being conducted - whether Administrative Appeals Tribunal prevented from deciding application until review of Statement of Principles completed.

Administrative Decisions (Judicial Review) Act 1977 ss 6, 10 Veteran' Entitlements Act 1986 (Cth) ss 120, 120A, Parts XIA, XIB Veterans Affairs (1994-95) Budget Measures Legislation Amendment Act 1994 (Cth)

Deledio v Repatriation Commission (1997) 25 AAR 396, considered Director General of Social Services v Chaney (1980) 47 FLR 80, referred to McMillan v Repatriation Commission (1997) 25 AAR 123, referred to McMillan v Repatriation Commission (Marshall J, 27 February 1998, unreported), considered McMillan v Repatriation Commission (Northrop J,11 July 1997, unreported), discussed Thornton v Repatriation Commission (1981) 52 FLR 285, applied Vietnam Veterans Association of NSW v Cohen (1996) 70 FCR 419, considered JOHN ELGAR BEALE v ADMINISTRATIVE APPEALS TRIBUNAL and REPATRIATION COMMISSION NG 1053 of 1997 LINDGREN J SYDNEY 16 MARCH 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 1053 of 1997

BETWEEN: JOHN ELGAR BEALE

Applicant

AND: ADMINISTRATIVE APPEALS TRIBUNAL

First Respondent

REPATRIATION COMMISSION

Second Respondent

JUDGE: LINDGREN J

DATE OF ORDER: 16 MARCH 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.