Kurniawan v Gifkins
[2025] NTSC 70
…69 CLR 279 ; Barbaro v Amalgamated Television Services Pty Ltd (1985) 1 NSWLR 30 ; Bassell v McGuiness (1981) 29 SASR 508 ; Brown v Repatriation Commission (1985) 7 FCR 302; Federal Commissioner of Taxation v Brixius (1987) ; Cush v Dillon (2011) 279 ALR 631; Channel Seven Sydney Pty Ltd v Mahommed [2010] NSWCA 335 ; Dare v Pulham (1982…
Commissioner of Taxation v Sepl Pty Ltd as trustee of the SFT Trust
[2025] FCA 581
Para 6
…to determine facts, and for the Court to intervene only where a legal error arises from that factual determination: Brown v Repatriation Commission [1985] FCA 236; 7 FCR 302, at 304, cited in Haritos v Federal Commissioner of Taxation [2015] FCAFC 92; 233 FCR 315, at [85].…
Lynn v Australian Financial Complaints Authority
[2025] FCA 175
Para 16
…The subject matter and scope of the proceeding is limited to questions of law and does not extend to a re-hearing of the whole matter: Brown v Repatriation Commission (1985) 7 FCR 302 at 305; and Ascic v Comcare [2020] FCAFC 105 at [23].…
MA v Secretary, Department of Social Services
[2024] FCA 1467
Para 1
…on [2015] FCAFC 92; (2015) 233 FCR 315 at [85]-[86] (Allsop CJ, Kenny, Besanko, Robertson and Mortimer JJ) (following Brown v Repatriation Commission [1985] FCA 236; (1985) 7 FCR 302 at 304 (Bowen CJ, Fisher and Lockhart JJ); and Commissioner of Taxation v Brixius [1987] FCA 612; (1987) 16 FCR 359 at 363–364 (For…
Manikantan v Secretary, Department of Employment and Workplace Relations
[2024] FCAFC 116
Para 2
…tions of law”: citing Haritos v Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315 at [85] (following Brown v Repatriation Commission [1985] FCA 236; (1985) 7 FCR 302 at 304; and Commission of Taxation v Brixius [1987] FCA 612; (1987) 16 FCR 359 at 363-364). Her Honour further observed that questions of…
Rindeklev v Comcare
[2024] FCA 1023
Para 10
…The existence of a question of law is both the qualifying condition for the application and its sole subject matter: Brown v Repatriation Commission (1985) 7 FCR 302 at 304.…
Marthenis v Return to Work Corporation of South Australia
[2024] SASCA 104
Para 23
…od that the subject matter of an appeal is confined to the question of law raised.[15] That confinement governs the scope of any further appeal. [15] Brown v Repatriation Commission (1985) 7 FCR 302 at 304.…
Little v Wajarri Yamaji Aboriginal Corporation RNTBC
[2024] FCA 778
Para 35
…nce of an error of law is not only necessary for the appeal to be competent; the error of law, and it alone, is the subject matter of the appeal: see Brown v Repatriation Commission (1985) 7 FCR 302 at 304-305 (concerning the cognate right of appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth)); and see Yanunijarra A…
Commissioner of Taxation v Bazzo
[2024] FCA 452
Para 7
…to appeal on a question of law, the existence of a question of law is both the qualifying condition for the application and its sole subject matter: Brown v Repatriation Commission (1985) 7 FCR 302 at 304; and Federal Commissioner of Taxation v Brixius (1986) 16 FCR 359 at 363‑364. Further, the Court exercises original, not appellate,…
Manikantan v Secretary, Department of Employment and Workplace Relations
[2024] FCA 94
Para 9
…questions of law ”: Haritos v Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315 at [85] (following Brown v Repatriation Commission [1985] FCA 236; (1985) 7 FCR 302 at 304; and Commission of Taxation v Brixius [1987] FCA 612; (1987) 16 FCR 359 at 363–364 (Forster, Fisher and Sheppard JJ). Questions of l…
Gale v Australian Financial Complaints Authority
[2023] FCA 470
…011) 119 ALD 472; [2011] FCAFC 8 Boensch v Pascoe (2019) 268 CLR 593; [2019] HCA 49 Brown v Repatriation Commission (1985) 7 FCR 302; [1985] FCA 236 Carter v Commissioner of Taxation (2020) 279 FCR 83; [2020] FCAFC 150 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; [1993] FCA 456 Edser v…
Zdziarski v Telstra Corporation Limited
[2022] FCA 1296
Para 5
…As observed by Bowen CJ, Fisher and Lockhart JJ in Brown v The Repatriation Commission [1985] FCA 236; 7 FCR 302 at 304, this requirement is not merely a qualifying condition, “rather, it and it alone is the subject matter of the appeal, and the ambit of the appeal is confined to it”. Background…
Reeves v Nulis Nominees (Australia) Limited (Trustee)
[2022] FCA 627
Para 10
…y’s decision: see Haritos at [85]. In that case the Full Court referred with approval to the following passage in the judgment of the Full Court in Brown v Repatriation Commission (1985) 7 FCR 302 at 304: The existence of a question of law is not merely a qualifying condition to ground an appeal from a decision of the Tribunal; rather,…
Port of Newcastle Operations Pty Ltd v Glencore Coal Assets Australia Pty Ltd
[2021] HCA 39
Para 11
…Australia Act 1976 (Cth). [48]Section 44ZR(1) of the Act. See Haritos v Federal Commissioner of Taxation (2015) 233 FCR 315 at 348-349 [85], quoting Brown v Repatriation Commission (1985) 7 FCR 302 at 304.…
Dring v Telstra Corporation Ltd
[2021] FCAFC 50
Para 7
…constantly recalled that the “ appeal ” is confined to “ a question of law ” and does not permit of a rehearing of the claims being pursued: Brown v Repatriation Commission (1985) 7 FCR 302 at 304. Bowen CJ, Fisher and Lockhart JJ there observed: The existence of a question of law is not merely a qualifying condition to ground an appea…
VXQB v Child Support Registrar
[2021] FCA 48
Para 23
…to appeal on a question of law, the existence of a question of law is both the qualifying condition for the application and its sole subject matter: Brown v Repatriation Commission (1985) 7 FCR 302 at 304; and Federal Commissioner of Taxation v Brixius (1986) 16 FCR 359 at 363‑364. Where an appeal on the basis of an error of law is pro…
Levitt v Canton
[2020] FCCA 2335
Para 6
…: Haritos (above) at [84] – [90]. Earlier instances of the same statutory formulation took the same approach: e.g., Brown v Repatriation Commission [1985] FCA 236 which was concerned with s.107VZZH(1) of the Repatriation Act 1920 (Cth).…
Nichol v Emerson
[2020] FCCA 1870
Para 8
…: Haritos (above) at [84] – [90]. Earlier instances of the same statutory formulation took the same approach: e.g., Brown v Repatriation Commission [1985] FCA 236 which was concerned with s.107VZZH(1) of the Repatriation Act 1920 (Cth).…
Dalgetty v Dodd
[2020] FCCA 1836
Para 8
…nces of the same statutory formulation took the same approach: e.g., Brown v Repatriation Commission [1985] FCA 236 which was concerned with s.107VZZH(1) of the Repatriation Act 1920 (Cth). 9. In Haritos (above) the Full Court of the Federal Court of Australia (Allsop CJ, Kenny, Besanko, Robertson and Mortimer JJ…
Ascic v Comcare
[2020] FCAFC 105
Para 2
…er and scope of the proceeding is limited to the question of law and does not extend to a re-hearing of the whole matter: cf. Brown v Repatriation Commission (1985) 7 FCR 302 at 304. Bowen CJ, Fisher and Lockhart JJ there observed: The existence of a question of law is not merely a qualifying condition to ground an appeal from a decisio…
Applicant:MR CAINE Respondent:MS CAINE
[2020] FCCA 225
Para 6
…2015) 233 FCR 315 at [84] – [90]. Earlier instances of the same statutory formulation took the same approach: e.g., Brown v Repatriation Commission [1985] FCA 236 which was concerned with s.107VZZH(1) of the Repatriation Act 1920 (Cth).…
Frugtniet v Secretary, Department of Social Services (No 2)
[2018] FCA 1767
Para 19
…ary judge said (and the applicant did not dispute before me), that provision “requires there to be, and limits the appeal to, questions of law: see Brown v Repatriation Commission (1985) 7 FCR 302 at 304; TNT Skypack International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 at 178; Haritos v Federal Commissioner…
Harrison v Secretary, Department of Social Services
[2018] FCA 110
Para 33
…e manner in which the draft Notice of Appeal is drafted. Although the jurisdiction of this Court is confined to the resolution of a question of law ( Brown v Repatriation Commission (1985) 7 FCR 302 at 305 per Bowen CJ, Fisher and Lockhart JJ; Haritos v Federal Commissioner of Taxation [2015] FCAFC 92 at [62] and [85], (2015) 233 FCR 31…
Frugtniet v Secretary, Department of Social Services
[2017] FCA 1227
Para 6
…The appeal was brought under s 44(1) of the AAT Act which requires there to be, and limits the appeal to, questions of law: see Brown v Repatriation Commission (1985) 7 FCR 302 at 304; TNT Skypack International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 at 178; Haritos v Federal Commissioner of Taxation (2015) 2…
Byi16 v Registrar Child Support
[2017] FCA 139
Para 2
…f the Administrative Appeals Tribunal Act 1975 (Cth) (“the AAT Act”) which requires there to be, and limits the appeal to, a question of law: see Brown v Repatriation Commission (1985) 7 FCR 302 at 304; TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 at 178. Whether an appeal raises a questio…
Kulas v Prosegur Australia Pty Ltd
[2017] FCA 85
Para 11
…of the Administrative Appeals Tribunal Act 1975 (Cth) (“the AAT Act”) which requires there to be, and limits the appeal to, questions of law: see Brown v Repatriation Commission (1985) 7 FCR 302 at 304; TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 at 178. Whether the appeal raises question…
Fair Work Ombudsman v Something Aussie Pty Ltd
[2017] FCCA 186
Para 1
…n. The latter constitutes a course of conduct, the former does not.[4] [3] (2014) 221 FCR 153, 10-27. [4] Seymour v Stawell Timber Industries Pty Ltd [1985] FCA 236, 266-267 per Gray J (within whom Northrop J agreed, 245). c)thirdly, to the extent that two or more contraventions have common elements, this should…
Chen v Secretary, Department of Social Services
[2016] FCA 1474
Para 2
…on of the Tribunal; rather, it and it alone is the subject matter of the appeal, and the ambit of the appeal is confined to it ”: Brown v Repatriation Commission (1985) 7 FCR 302 at 304 per Bowen CJ, Fisher and Lockhart JJ.…
Fair Work Ombudsman v Rubee Enterprises Pty Ltd
[2016] FCCA 3456
Para 3
…separate decisions by the Respondents. (See e.g. Rowe v Capital Territory Health Commission [1982] FCA 3; Seymour v Stawell Timber Industries Pty Ltd [1985] FCA 236.) The Court accepts this.…
Davis v NSW Land and Housing Corporation
[2016] NSWCA 325
Para 77
…J, referring with approval to TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 (at 178) per Gummow J; Brown v Repatriation Commission (1985) 7 FCR 302 (at 304) per curiam; Norrie v NSW Registrar of Births, Deaths and Marriages (2013) 84 NSWLR 697; [2013] NSWCA 145 (at [276]) per Sackville AJA…
Crown Estates (Sales) Pty Ltd v Commissioner of Taxation
[2016] FCA 335
Para 10
…Long before Haritos was decided, an earlier Full Court, in Brown v Repatriation Commission (1985) 7 FCR 302 at 304, had sounded a cautionary note about the limited nature of the appeal right conferred by s 44 of the AAT Act and, related to that, any embarking by the Court upon its own survey of the evidence before the Tribunal: The exis…
Lovell and Child Support Registrar and Anor
[2015] FCCA 2507
Para 16
…Justice Flick noted at [7]: "The jurisdiction being exercised is ... constrained by the requirement that the appeal be ”on a question of law”. In Brown v Repatriation Commission (1985) 7 FCR 302 at 304, Bowen CJ, Fisher and Lockhart JJ observed in respect of this constraint: The existence of a question of law is not merely a qualifying…
Hallett and Hallett and Anor (SSAT Appeal)
[2015] FCCA 2462
Para 3
…AAT Act at paragraph [7] “The jurisdiction being exercised is…constrained by the requirement that the appeal be ‘on a question of law’” In Brown v Repatriation Commission (1985) 7 FCR 302 at 304 Bowen CJ, Fisher and Lockhart JJ observed in respect of this constraint: The existence of a question of law is not merely a qualifying conditi…
Haritos v Commissioner of Taxation
[2015] FCAFC 92
…s of the State Public Sector Superannuation Scheme v Edington [2011] FCAFC 8; 119 ALD 472 Brown v Repatriation Commission [1985] FCA 236; 7 FCR 302 City of Enfield v Development Assessment Commission [2000] HCA 5, 199 CLR 135 Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143; 131 FCR 28 Collec…
City Hill Pty Limited v ACT Planning and Land Authority and ACT Civil and Administrative Tribunal
[2015] ACTSC 40
…Notice of Appeal: Comcare v Etheridge (2006) 149 FCR 522 at [13]-[16]. The ambit of the appeal is confined to that question or those questions: Brown v Repatriation Commission (1985) 7 FCR 302 at 304. It is for this reason that it is important to frame the questions carefully. In an appropriate case, the court may itself be prepared to…
Tarrant v Australian Securities and Investments Commission
[2015] FCAFC 8
…336 British American Tobacco Australia Ltd v Secretary, Department of Health and Ageing [2011] FCAFC 107; (2011) 195 FCR 123 Brown v Repatriation Commission (1985) 7 FCR 302 Brown v Repatriation Commission [2006] FCA 914 Collins v Administrative Appeals Tribunal [2007] FCAFC 111; (2007) 163 FCR 35 Collins v Minister for Immigration and…
Bernal and Bernal and Anor (SSAT Appeal)
[2014] FCCA 265
Para 1
…therein. The jurisdiction being exercised is… constrained by the requirement that the appeal be “on a question of law”. In Brown v Repatriation Commission (1985) 7 FCR 302 at 304, Bowen CJ, Fisher and Lockhart JJ observed in respect to this constraint: The existence of a question of law is not merely a qualifying condition to ground an…
Conway v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs
[2013] FCA 1106
Para 9
…s a self-represented litigant, it is necessary to identify a question of law in order to found this Court’s jurisdiction. As the Full Court said in Brown v Repatriation Commission (1985) 7 FCR 302: The existence of a question of law is not merely a qualifying condition to ground an appeal from a decision of the Tribunal; rather, it and…
Australian Licenced Aircraft Engineers Association, The v Helicopters (Australia) Pty Ltd T/A HNZ Australia
[2013] FWC 8082
…o such matters as prefatory statements and negotiations is of dubious assistance if admissible at all - Seymour v Stawell Timber Industries Pty Ltd [1985] FCA 236; (1985) 9 FCR 241, 244 (Northrop J.), 254 (Keely J.) cf. 265 (Gray J.). The logs of claim and arbitrator’s reasons for decision may be referred to to d…
Tsiamis v Comcare
[2013] FCA 684
Para 6
…sion of the Tribunal; rather, it and it alone is the subject matter of the appeal, and the ambit of the appeal is confined to it ”: Brown v Repatriation Commission (1985) 7 FCR 302 at 304 per Bowen CJ, Fisher and Lockhart JJ.…
"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v KSB Australia Pty Ltd
[2013] FWC 4340
…o such matters as prefatory statements and negotiations is of dubious assistance if admissible at all - Seymour v Stawell Timber Industries Pty Ltd [1985] FCA 236; (1985) 9 FCR 241, 244 (Northrop J.), 254 (Keely J.) cf. 265 (Gray J.). The logs of claim and arbitrator’s reasons for decision may be referred to to d…
Redmond and Redmond and Anor (SSAT Appeal)
[2013] FCCA 638
Para 36
…thin the AAT Act, at paragraph 7: "The jurisdiction being exercised is…constrained by the requirement that the appeal be 'on a question of law'. In Brown v Repatriation Commission (1985) 7FCR302 at 304, Bowen CJ, Fisher and Lockhart JJ observed in respect to this constraint: 'The existence of a question of law is not merely a qualifying…
Faull v Commissioner for Social Housing for the ACT
[2013] ACTSC 121
…p v Australian Broadcasting Tribunal (1982) 59 FLR 132 Boral Gas (NSW) Pty Ltd v Magill (1993) 32 NSWLR 501 Briginshaw v Briginshaw (1938) 60 CLR 336 Brown v Repatriation Commission (1985) 7 FCR 302 BTR plc v Westinghouse Brake & Signal Co (Aust) Ltd (1992) 34 FCR 246 CIC Australia Ltd v ACT Planning and Land Authority [2013] ACTSC 96 C…
City Hill Pty Ltd v ACT Planning and Land Authority
[2013] ACTSC 108
…the notice of appeal: Comcare v Etheridge at [13]-[16]; Eastman at [19]. The ambit of the appeal is confined to that question or those questions: Brown v Repatriation Commission (1985) 7 FCR 302 at 304.…
Baptist Community Services v ACT Planning and Land Authority
[2013] ACTSC 103
…Brown v Repatriation Commission (1985) 7 FCR 302…
Norrie v NSW Registrar of Births, Deaths and Marriages
[2013] NSWCA 145
Para 276
…ence of a question of law is not merely a qualifying condition to the right of appeal. The question of law alone is the subject matter of the appeal: Brown v Repatriation Commission (1985) 7 FCR 302, at 304, per curiam; Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Mouratidis [2012] FCAFC 29, at…
National Union of Workers, New South Wales Branch v FreshFood Management Services Pty Ltd
[2012] FWA 10832
…o such matters as prefatory statements and negotiations is of dubious assistance if admissible at all - Seymour v Stawell Timber Industries Pty Ltd [1985] FCA 236; (1985) 9 FCR 241, 244 (Northrop J.), 254 (Keely J.) cf. 265 (Gray J.). The logs of claim and arbitrator’s reasons for decision may be referred to to d…
Dale & Dale & Anor (SSAT Appeal)
[2012] FMCAfam 975
Para 4
…ere Flick J said: The jurisdiction being exercised is nevertheless constrained by the requirement that the appeal be “on a question of law”. c)In Brown v Repatriation Commission (1985) 7 FCR 302 at 304 Bowen CJ, Fisher and Lockhart JJ observed in respect to this constraint: The existence of a question of law is not merely a qualifying c…
Herring v Minister for Immigration and Citizenship
[2012] FCA 970
Para 16
…of law ”: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1). It is the “ question of law ” which is the subject-matter of the appeal. In Brown v Repatriation Commission (1985) 7 FCR 302 at 304 Bowen CJ, Fisher and Lockhart JJ thus observed: The existence of a question of law is not merely a qualifying condition to ground an appeal…
Elbayeh v Secretary, Department of Education, Employment and Workplace Relations
[2012] FCA 832
Para 17
…eal from a decision of the Tribunal; rather, it and it alone is the subject matter of the appeal, and the ambit of the appeal is confined to it”: Brown v Repatriation Commission (1985) 7 FCR 302 at 304 per Bowen, Fisher and Lockhart JJ (“ Brown ”).…