|
Home Page (http://amvif.com/government)
Non Application High Court Precedents Minister Has Authority to Make Decisions Claims Redetermined After Ultra Vires |
Flowing from non application of Byrnes use of Writeway reports should be declared “ultra vires” Tilbrook’s letter to my advocates, circa 1999 refers. The letter of 27 January 1999 from John Tilbrook to Bob Richards refers. I have Bob's permission to publish the letter. There are two copies below - one scanned at 100dpi and the other at 300 dpi. You can use either. I've highlighted relevant sections on page 2 of the letter. The High Court Precedent provided by "Byrnes" is that a probability of 1 in 20 is sufficient for a veteran's claim to succeed. (Or 19 in 20 if the Repatriation Commission wants to disallow the claim.) Whilst Tilbrook doesn't put a value on his probability it is nowhere near 19 in 20 (ie 95%). It's more like 50%. A genuinely independent analysis of his methods would support this. The speech by Justice Kirby is included to show the "1 in 20 probability" is a valid "High Court" precedent. Sections 6 & 7 of the Administrative Decisions Judicial Review Act are also relevant.
|