Swanton v Military Rehabilitation and Compensation Commission [2017] FCA 1142

FEDERAL COURT OF AUSTRALIA

Swanton v Military Rehabilitation and Compensation Commission [2017] FCA 1142 Appeal from: Application for an extension of time: Swanton and Military Rehabilitation and Compensation Commission (Administrative Appeals Tribunal, No. 2016/2735, Orders dated 14 July 2016)

File number: VID 305 of 2017

Judge: TRACEY J

Date of judgment: 28 September 2017

Catchwords: ADMINISTRATIVE LAW – application for an extension of time to appeal on a question of law from a decision of the Administrative Appeals Tribunal – where the Tribunal had made a decision to refuse to grant, under s 29(7) of the Administrative Appeals Tribunal Act 1975 (Cth), an extension of time in which to apply for review of a decision of a delegate of the Military Rehabilitation and Compensation Commission – where that delegate affirmed an earlier decision of another delegate of the Commission to refuse to grant an application made under the Safety, Rehabilitation and Compensation Act 1988 (Cth) for compensation for asthma said to have been caused by service in the Australian Army PRACTICE AND PROCEDURE – whether the Court should extend time to appeal under s 44(2A)(a) of the Administrative Appeals Tribunal Act 1975 (Cth) – whether it is in the interests of justice to extend time – whether there is an adequate reason for the delay – whether the application has sufficient merit to justify an extension of time – whether the application discloses a question of law STATUTORY INTERPRETATION – whether a person may be taken to have been "given" a document setting out the terms of the Tribunal's decision for the purposes of s 44(2A)(a) of the Administrative Appeals Tribunal 1975 (Cth) where the document has been posted to their representative – whether a person's "address for documents" includes their representative's address for the purposes of regs 5, 16(1) and 17(3)(b) of the Administrative Appeals Tribunal Regulation 2015 (Cth) – where a person's address and their representative's address both appeared on an application form filed in the Tribunal EVIDENCE – presumptions as to the time of posting and receipt of documents by post – Acts Interpretation Act 1901 (Cth) ss 28A, 29 – Evidence Act 1995 (Cth) ss 160, 163