Keeley v Repatriation Commission [1999] FCA 1103

FEDERAL COURT OF AUSTRALIA

Keeley v Repatriation Commission [1999] FCA 1103

DEFENCE AND WAR – veterans' entitlements – widow's claim – Statements of Principles – SoP applicable at time of Repatriation Commission decision subsequently revoked – new SoP in force at time of Administrative Appeals Tribunal review – whether first or second SoP applicable

STATUTES – operation and effect of statutes – repeal of Statement of Principles under Veterans' Entitlement Act 1986 (Cth) – whether rights accrued under repealed SoP – whether contrary intention shown Veterans' Entitlements Act 1986 (Cth) ss 120(3), 120A(3) Acts Interpretation Act 1901 (Cth) s 50 Byrnes v Repatriation Commission (1993) 177 CLR 564 applied Repatriation Commission v Deledio (1998) 83 FCR 82 applied Rodway v The Queen (1990) 169 CLR 515 mentioned Ogston v Repatriation Commission (1999) 29 AAR 89 distinguished Esber v Commonwealth (1992) 174 CLR 430 applied J R Exports Pty Ltd v Australian Trade Commission (1987) 14 FCR 161 applied Lee v Secretary, Department of Social Security (1996) 68 FCR 491 applied Blue Metal Industries Ltd v Dilley (1969) 117 CLR 651 mentioned

KEELEY v REPATRIATION COMMISSION T5 OF 1999 HEEREY J 13 AUGUST 1999 MELBOURNE (HEARD IN HOBART)

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY T5 OF 1999

BETWEEN: THELMA KEELEY

Applicant

AND: REPATRIATION COMMISSION

Respondent

JUDGE: HEEREY J

DATE OF ORDER: 13 AUGUST 1999

WHERE MADE: MELBOURNE (HEARD IN HOBART)

THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The decision under review be set aside. 3. The matter be remitted to the Administrative Appeals Tribunal for further consideration according to law. 4. The respondent pay the applicant's costs of the appeal, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.