Simmons v Military Rehabilitation and Compensation Commission [2024] FCA 1107

FEDERAL COURT OF AUSTRALIA Simmons v Military Rehabilitation and Compensation Commission [2024] FCA 1107 File number(s):

Judgment of: O'SULLIVAN J

Date of judgment: 20 September 2024

Catchwords: PRACTICE AND PROCEDURE — where applicant applied to the Administrative Appeals Tribunal (AAT) which determined that there was no "decision" — subsequent application for judicial review pursuant to the Administrative Decisions (Judicial Review) Act 1977 (Cth) — application for extension of time to file application — where applicant was subject to numerous welfare checks — where the delay is explained by a previous application to the AAT — where explanation for the delay — where extension of time to file application does not cause prejudice to respondents — where the substantive application has merit — leave for an extension of time within which the applicant may file an originating application for judicial review granted ADMINISTRATIVE LAW — application for judicial review of decision by the Military Rehabilitation and Compensation Commission to refuse the applicant's claims for compensation for asthma, Post-Traumatic Stress Disorder and Gastro-oesophageal Reflux Disease under the Safety, Rehabilitation and Compensation Act 1988 (Cth) — whether mandatory procedures to be observed by law were not observed by the Commission – whether the Commission provided reasons — whether the decision raises an error of law — applicant's ground made out – appeal granted

Administrative Appeals Tribunal Act 1975 (Cth), s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5, 16 Legislation: Federal Court of Australia Act 1976 (Cth), ss 37AF, 37AE, 37AG, 37AJ Safety Rehabilitation and Compensation (Defence-Related Claims) Act (Cth) 1988, ss 60, 62, 63 Federal Court Rules 2022 (Cth), r 31.01