Sleep v Repatriation Commission

[2009] FCA 1413

FEDERAL COURT OF AUSTRALIA

Sleep v Repatriation Commission [2009] FCA 1413

PRACTICE AND PROCEDURE – applications for extension of time to file and serve a notice of appeal from the dismissal of two separate appeals from the Administrative Appeals Tribunal – Veterans’ Entitlement Act 1986 (Cth) s 35 service pension is means tested – decision of the Administrative Appeals Tribunal and of the primary judge affirmed – applications for extension of time dismissed.

Administrative Appeals Tribunal Act 1975 (Cth) s 44
Veterans’ Entitlement Act 1986 (Cth) ss 5Q, 5QA, 7, 12, 13, 14, 24, 35, 37, 37AA, 37N, 52, Schedule 6 Part 2
Federal Court of Australia Rules O 52 r 15(2)  

Sleep v Repatriation Commission [2008] AATA 1100 affirmed
Sleep v Repatriation Commission [2008] AATA 1101 affirmed
Sleep v Repatriation Commission [2009] FCA 472

KENNETH JOHN SLEEP v REPATRIATION COMMISSION

SAD 131 of 2009

KENNETH JOHN SLEEP v REPATRIATION COMMISSION

SAD 164 of 2009

LANDER J
1 DECEMBER 2009
ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 131 OF 2009

BETWEEN:	KENNETH JOHN SLEEP Applicant
AND:	REPATRIATION COMMISSION Respondent

JUDGE:	LANDER J
DATE OF ORDER:	1 DECEMBER 2009
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.The application for an extension of time to file and serve a notice of appeal is dismissed.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

The text of entered orders can be located using eSearch on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 164 OF 2009

BETWEEN:	KENNETH JOHN SLEEP Applicant
AND:	REPATRIATION COMMISSION Respondent

JUDGE:	LANDER J
DATE OF ORDER:	1 DECEMBER 2009
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.The application for an extension of time to file and serve a notice of appeal is dismissed.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

The text of entered orders can be located using eSearch on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 131 OF 2009 SAD 164 OF 2009

BETWEEN:	KENNETH JOHN SLEEP Applicant
AND:	REPATRIATION COMMISSION Respondent

JUDGE:	LANDER J
DATE:	1 DECEMBER 2009
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. The applicant has brought two separate applications for extensions of time within which to appeal from orders of a judge of this Court dismissing two separate appeals from the Administrative Appeals Tribunal (AAT) and ordering the applicant to pay the costs of those appeals: Sleep v Repatriation Commission [2009] FCA 472.

2. The applicant is a veteran who has rendered eligible war service within the meaning of s 7 of the Veterans’ Entitlements Act 1986 (Cth) (the Act). As a result of that war service the applicant became incapacitated from a war caused injury or a war caused disease and became eligible for a pension by way of compensation which is to be paid in accordance with the Act: s 13.

3. Part…