Repatriation Commission v Forrest, Brian, in his Capacity as Deputy President of the Administrative Appeals Tribunal & Anor [1998] FCA 1316

FEDERAL COURT OF AUSTRALIA

DEFENCE AND WAR – Veterans' entitlement – review by Administrative Appeals Tribunal of decisions of Veterans' Review Board and Repatriation Commission as to assessment application and entitlement claim by veteran – entitlement claim remitted to Commission – assessment application adjourned to be heard together with review of another entitlement claim – "liberty to apply" – whether AAT functus officio

words and phrases– "functus officio", "liberty to apply"

Veterans' Entitlements Act 1986 (Cth) ss 14,15

Repatriation Commission v Smith (Sundberg J, unreported, 16 June 1997) mentioned Jayasinghe v Minister for Immigration and Ethnic Affairs (1997) 145 ALR 532 mentioned Australian Broadcasting Tribunal v Bond (199 ) 171 CLR 321 mentioned Fylas Pty Ltd v Vinyl Pty Ltd [1992] Qd R 593 mentioned Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied

REPATRIATION COMMISSION v BRIAN FORREST, IN HIS CAPACITY AS DEPUTY PRESIDENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL AND MATTHEW GRUNDMAN

no. vg 193 of 1998

JUDGE: heerey j

date: 20 october 1998

place: melbourne

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 193 of 1998

BETWEEN: REPATRIATION COMMISSION

Applicant

AND: MR BRIAN FORREST, in his capacity as Deputy President of the Administrative Appeals Tribunal

First Respondent

MATTHEW GRUNDMAN

Second Respondent

JUDGE: HEEREY J

DATE OF ORDER: 20 OCTOBER 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Extend time so far as is necessary to bring application under the Administrative Decision (Judicial Review) Act 1974 (Cth) out of time. 2. The application will be dismissed with costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.