ADMINISTRATIVE LAW - appeal from a decision of the Defence Force Discipline Appeal Tribunal on a question of law pursuant to s 52(1) of the Defence Force Discipline Appeals Act 1955 (Cth) - meaning of "decision" - whether confined to a final and operative "decision" - whether the considerations in Director-General of Social Services v Chaney [1980] FCA 108; 47 FLR 80 apply to s 52(1) of the Defence Force Discipline Appeals Act 1955 (Cth) - interlocutory evidentiary ruling not a "decision" - appeal dismissed - discretionary refusal to extend time to apply for review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) - discretionary dismissal of application for judicial review under s 39B of the Judiciary Act 1903 (Cth)
EVIDENCE - first respondent sought leave to appeal out of time to the Defence Force Discipline Appeal Tribunal against convictions entered by a General Court Martial - first respondent applied to Tribunal for leave to adduce certain evidence on appeal - Tribunal granted leave relying on implied power in s 23(1) of the Defence Force Discipline Appeals Act 1955 (Cth) - whether s 23(2) of the Defence Force Discipline Appeals Act 1955 (Cth) is exhaustive of the Tribunal's power to receive fresh or new evidence
↧