Beard v Telstra Corp Ltd [1999] FCA 999

FEDERAL COURT OF AUSTRALIA

Beard v Telstra Corp Ltd [1999] FCA 999 ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal to dismiss proceedings pursuant to s 42A(5) Administrative Appeals Tribunal Act 1975 - whether applicant failed within a reasonable time to proceed with application – delay in providing or failure to provide certain medical reports not determinative of whether there was a failure to proceed. Administrative Appeals Tribunal Act 1975 S42A(5) RAYMOND JOHN BEARD v TELSTRA CORPORATION LIMITED Q 92 of 1999 SPENDER J 23 JULY 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 92 OF 1999

On appeal from the General Division of the Administrative Appeals Tribunal constituted by a Senior Member

BETWEEN: RAYMOND JOHN BEARD

Applicant

AND: TELSTRA CORPORATION LIMITED

Respondent

JUDGE: SPENDER J

DATE OF ORDER: 23 JULY 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The appeal be allowed.

2. The decision of 28 January 1999 of the Administrative Appeals Tribunal be set aside.

3. The matter be remitted to the Administrative Appeals Tribunal to be heard according to law.

4. There be no order as to costs. 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 Q 92 OF 1999

On appeal from the General Division of the Administrative Appeals Tribunal constituted by a Senior Member

BETWEEN: RAYMOND JOHN BEARD

Applicant

AND: TELSTRA CORPORATION LIMITED

Respondent

JUDGE: SPENDER J

DATE: 23 JULY 1999

PLACE: BRISBANE

REASONS FOR JUDGMENT 1 This application is an appeal pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (the Act) in respect of a decision of the Tribunal made on 28 January 1999 that application Q1997/122 be dismissed pursuant to s 42 A(5) of the Act. 2 Section 42A(5) of the Act provides: "(5) If an applicant for review of a decision fails within a reasonable time: