Milde and Commonwealth Superannuation Corporation

The Administrative Appeals Tribunal considered an application by Mr. Milde for an extension of time to lodge a review application concerning a decision by the Commonwealth Superannuation Corporation. Mr. Milde's initial application for review had been discontinued under section 42A(1A) of the relevant legislation, which resulted in a deemed dismissal of the application under section 42A(1B). Mr. Milde subsequently sought to bring a second application for review.

The primary legal issue before the Tribunal was whether it retained jurisdiction to hear Mr. Milde's second application for review, given the prior discontinuance and deemed dismissal of his first application. This required the Tribunal to determine the legal effect of a notice of discontinuance under section 42A(1A) and whether the Tribunal was *functus officio* in relation to the matter.

The Tribunal reasoned that a notice of discontinuance under section 42A(1A) did not operate as a final determination on the merits of the underlying dispute. Instead, it was a procedural step that brought the existing application to an end. Consequently, the Tribunal concluded that it was not *functus officio* and retained jurisdiction to consider a new application for review, provided that an extension of time was granted. The Tribunal found that there were sufficient merits to grant the application for an extension of time.

The Tribunal ordered that time be extended for Mr. Milde to make his review application until 19 May 2017.