Defence Force Retirement & Death Benefit Authority v Barber [2004] FCA 826

FEDERAL COURT OF AUSTRALIA

Defence Force Retirement & Death Benefit Authority v Barber [2004] FCA 826

ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal decision setting aside reclassification under Defence Force Retirement and Death Benefits Act 1973 (Cth) – respondent an electronics technician in Australian Army since 1984 – retired in 1997 on ground of invalidity – respondent also qualified as physical education instructor and driver – initially classified as eligible for class A benefit – reclassified by Applicant in 2000 as class B – issue before Tribunal whether qualifications as heavy vehicle driver, physical education instructor and clerk should be included in assessment –– whether Tribunal erred in law by failing to follow reasoning process required by the Act –– whether Tribunal required to respond to all legal arguments in submissions – whether in any event matter should be remitted

Defence Force Retirement and Death Benefits Act 1973 (Cth), s 34(1A) Administrative Appeals Tribunal Act 1975, s 44(1)

Defence Force Retirement and Death Benefit Authority v House (1989) 22 FCR 138 at 141 applied Freeman v Defence Force Retirement and Death Benefits Authority (1985) 5 AAR 156 at 164 applied Whisprun Pty Ltd v Dixon (2003) 77 ALJR 1598 at [62] applied Defence Force Retirement and Death Benefit Authority v House (1989) 22 FCR 138 at 141 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 at 271-272 applied DEFENCE FORCE RETIREMENT AND DEATH BENEFITS AUTHORITY v JAMES ARTHUR BARBER NO. TAD21 OF 2003 HEEREY J 29 JUNE 2004 MELBOURNE (HEARD IN HOBART)

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY TAD21 OF 2003

BETWEEN: DEFENCE FORCE RETIREMENT AND DEATH BENEFITS AUTHORITY

APPLICANT

AND: JAMES ARTHUR BARBER