Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Murray v Repatriation Commission (No 2) [2016] FCA 1216 Appeal from: Murray v Repatriation Commission [2015] AATA 364
File number: VID 332 of 2015
Judge: BROMBERG J
Date of judgment: 14 October 2016
Catchwords: ADMINISTRATIVE LAW – scope of remittal – whether redetermination by the Tribunal should be made by reference to evidence already adduced, without further evidence – where the member who made the original decision is no longer a member of the Tribunal – the scope of remittal in relation to evidence should be unconfined by the Court – any limitation on further evidence may be determined by the Tribunal
Legislation: Administrative Appeals Tribunals Act 1975 (Cth) ss 25(4A), 44, 44(5) Veterans' Entitlements Act 1986 (Cth) ss 23(1), 23(3), 24(1), 24(2)
Cases cited: Civil Aviation Safety Authority v Central Aviation Pty Ltd (2009) 179 FCR 554 Comcare v Broadhurst (2011) 192 FCR 497 Murray v Repatriation Commission [2016] FCA 1150 Negri v Secretary, Department of Social Services (No 2) [2016] FCA 1125
Date of hearing: Determined on the papers
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 8
Counsel for the Applicant: Ms FC Spencer
Solicitor for the Applicant: Williams Winter Solicitors
Counsel for the Respondent: Ms C Dowsett
Solicitor for the Respondent: Australian Government Solicitor
ORDERS VID 332 of 2015
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