Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ADMINISTRATIVE LAW -status of preliminary decision - Veterans Review Board - whether decision by Board within meaning of s 107VJ Repatriation Act 1920 - where Board issued draft reasons in favour of granting applicant war widows' pension - where by time of applicant's acceptance of Board's proposal, legislative amendment precluded grant of pension - meaning of 'decision' - whether Board estopped from denying that it had made a final decision
FEDERAL COURT - PRACTICE AND PROCEDURE - interest -whether award of interest justified in circumstances where application filed 10 years after alleged 'decision'
Repatriation Act 1920 s 107VJ
Federal Court of Australia Act 1976 s 51A
Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 - cited
Rv Smith; Ex parte Mole Engineering Pty Ltd (1981) 147 CLR 340 - cited
In re 56 Denton Road, Twickenham[1953] 1 Ch 51 - cited
Commonwealth v Verwayen(1990) 170 CLR 394 - applied Comptroller-General of Customs v Kawasaki Motors (1991-2) 25 ALD 635 - followed JOAN ANNIE ANDERSON V THE COMMONWEALTH OF AUSTRALIA No QG 151 of 1995
SPENDER J BRISBANE 21 APRIL 1998
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 151 of 1995
BETWEEN: JOAN ANNIE ANDERSON
Applicant
AND: THE COMMONWEALTH OF AUSTRALIA
Respondent
JUDGE: SPENDER J
DATE OF ORDER: 21 april 1998
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The application is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 151 of 1995
BETWEEN: JOAN ANNIE ANDERSON
Applicant
AND: THE COMMONWEALTH OF AUSTRALIA
Respondent
JUDGE: SPENDER J
DATE: 21 april 1998
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