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VETERANS - claim for war widow's pension - death of Applicant - hearing part-heard - no application by Estate to continue with substantive application - application dismissed for non-appearance

Administrative Review Tribunal Act 2024

1. Mrs Glenda Boyle was a widow. Her late husband, Mr Stephen Boyle, had long served in the Royal Australian Navy and had reached the respected rank of Warrant Officer. After Mr Boyle passed away, Mrs Boyle lodged a claim for a war widow's pension. This claim was refused under the Veterans' Entitlements Act 1986, and the Veterans' Review Board affirmed this decision on 28 August 2024. Mrs Boyle filed an application for review with the Tribunal on 16 October 2024.
2. This matter was listed for hearing on 20 October 2025. Mrs Boyle was represented by a veterans' advocate, but she was unable to appear as she had been hospitalised. Dr Hossack was called to give evidence by the Respondent. The matter was adjourned until 30 October 2025 and again to 13 November 2025, given Mrs Boyle's vulnerability.
3. On 12 November 2025, the Tribunal was notified by Mrs Boyle's advocate that she had passed away on approximately 8 or 9 November 2025. The matter was adjourned, in part to allow for the Estate of the Late Mrs Boyle to continue with the substantive application. The Tribunal did not press for any such application to be made hastily out of respect to Mrs Boyle and her family. The hearing was ultimately listed to resume on 19 February 2026.
4. The Respondent was represented at the resumed hearing. No application had been made by the Estate of the Late Mrs Boyle to continue with the substantive application, and Mrs Boyle herself could not be represented as she was deceased. Helpfully, Mrs Boyle's former advocate attended. He was called upon to speak by the Tribunal as a friend of the Tribunal (that is, in the public interest tradition of an amicus curiae and not as a representative) and the Tribunal was informed of diligent searches that had been made to ascertain the whereabouts of Mrs Boyle's family and the executor of her estate. These searches have been to little avail. Similarly, the Respondent had also made similar searches with limited success.
5. Having considered the submissions of the parties, the Tribunal did not call upon the Respondent to make ex parte closing submissions. Also, in the absence of any knowledge of the whereabouts of the Executor of the Estate of the Late Mrs Boyle, the Tribunal does not consider it appropriate to stay proceedings or otherwise entertain further delay. Mindful of the Tribunal's stated objectives, and conscious of the principle of finality, the correct course is to consider dismissal.
6. Although it is open to the Tribunal to dismiss this application under section 84 of the Administrative Review Tribunal Act 2024, the preferable course is for dismissal for non-appearance under section 99. The applicant failed to appear at the resumed hearing on 19 February 2026 and, given the publicly available daily listings, the Tribunal is satisfied that appropriate notice of this hearing was given. Noting limitation periods, an application for reinstatement may be made under section 102(7) of the Administrative Review Tribunal Act 2024.
7. Accordingly, the application is dismissed for non-appearance.
8. This decision will be published and may be widely disseminated.

1. Pursuant to section 99 of the Administrative Review Tribunal Act 2024, the Tribunal dismisses the application.

I certify that the preceding nine (9) paragraphs are a true copy of the reasons for the decision herein of Senior Member George

............................[Sgnd]...................................

20, 30 October 2025; 13 November 2025; 19 February 2026