Secretary of the Department of Veterans Affairs v Studdert [2001] FCA 1642

FEDERAL COURT OF AUSTRALIA

Secretary of the Department of Veterans' Affairs v Studdert [2001] FCA 1642 ADMINISTRATIVE LAW – Appeal from the Administrative Appeals Tribunal - procedural fairness – whether applicant on notice that Tribunal might rely on findings of fact in other proceedings before the Tribunal – whether applicant given opportunity to challenge or put in issue those facts in the context of the respondent's application – where no evidence tendered to prove those facts in relation to the respondent's application.

ADMINISTRATIVE LAW – Appeal from the Administrative Appeals Tribunal – no evidence – whether some evidence to support the Tribunal's finding regarding the respondent's understanding of the Army's obligation. ADMINISTRATIVE LAW – Appeal from the Administrative Appeals Tribunal – whether Tribunal made an error of law by applying the wrong test –whether Tribunal ignored requirement of casual link between Army's failure and respondent's conduct for the purposes of determining whether the respondent had "reasonable cause" for late notification of his claim. ADMINISTRATIVE LAW – Appeal from the Administrative Appeals Tribunal – whether Tribunal's finding that a military instruction was in force at the relevant time when it had actually been revoked is an error of law – where procedures provided for in the military instruction but not followed relied upon by the respondent as giving him "reasonable cause" for late notice of his claim.

Commonwealth Employees Compensation Act 1930 (Cth) s 16 Administrative Appeals Tribunal Act 1975 (Cth) s 33(1) Telstra Corporation Limited v Roycroft (1997) 77 FCR 358 referred to Commonwealth of Australia v Connors (1989) 86 ALR 247 referred to Re Loft and Comcare (1996) 52 ALD 606 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 322 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 applied Rokobatini v Minister for Immigration & Multicultural Affairs (1999) 90 FCR 583 discussed SECRETARY OF THE DEPARTMENT OF VETERANS' AFFAIRS V DONALD STUDDERT N 857 OF 2001 MOORE J 22 NOVEMBER 2001 SYDNEY