Application for a writ of mandamus against Hassell, Roland Patrick & Ors Ex Parte Norman, Elys Francis the Commonwealth of Australia

[1984] FCA 244

Re: APPLICATION for a Writ of Mandamus against ROLAND PATRICK HASSELL, DESMOND
MATTHEW TEHAN and STANLEY McLEISH HARRIS a Repatriation Review Tribunal;
Ex parte: ELYS FRANCES NORMAN and THE COMMONWEALTH OF AUSTRALIA
No. WA G23 of 1984
Repatriation

COURT

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
Toohey J.

CATCHWORDS

Repatriation - war widow's pension - summons to applicant to attend hearing by Repatriation Review Tribunal - objection by applicant's representative - request to have questions referred to Federal Court refused - writ of prohibition - whether issuing of summons capable of review - whether Tribunal may require applicant to attend to give evidence - investigative function of Tribunal

Repatriation Act 1920 ss. 24AA, 107VC, 107VF, 107VG, 107VH, 107VU, 107VV, 107VY, 107VZU

Judiciary Act 1903 s.39B

HEARING

PERTH

#DATE 20:8:1984

ORDER

1. The application for a writ of prohibition

against Roland Patrick Hassell, Desmond Matthew Tehan and Stanley McLiesh Harris be dismissed.

JUDGE1

This is an application for a writ of prohibition against the members of the Repatriation Review Tribunal established by the Repatriation Act 1920.

2. I have just delivered reasons for judgement in a similar application made by Mrs. Pride against the same members of the Tribunal. Idid so on the basis of written submissions which, it was agreed, would apply to the present application. i adopt what I said in my reasons for judgement in the application brought by Mrs. Pride and, for those reasons, Mrs. Norman's application must be dismissed.