Whitehouse v Repatriation Commission [2017] FCA 1085

Whitehouse v Repatriation Commission [2017] FCA 1085

The applicant's last paid work, for the purposes of s 23(3A)(d) of the Veterans' Entitlements Act 1986 (Cth), was his part-time consultant solicitor work which he continued to undertake at the time of his application. He was not prevented by his incapacity from continuing that work, and therefore did not satisfy the eligibility criterion for an intermediate rate pension under the Act.

Parties
Applicant: David Milne Whitehouse; Respondent: Repatriation Commission
Jurisdiction
Australia
Judgment Date
15 September 2017
Procedural Posture
Appeal / Judgment
Outcome
Application dismissed with costs.
Legal Topics
Veterans' Entitlements, Intermediate Rate Pension, Remunerative Work, Eligibility Criteria
Administrative Law Statutory Interpretation Defence and War Veterans' Entitlements Intermediate Rate Pension Remunerative Work Eligibility Criteria

Case Brief

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Parties

David Milne Whitehouse

Applicant

Repatriation Commission

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Administrative Appeals Tribunal erred in the construction and application of s 23(3A)(d) of the Veterans' Entitlements Act 1986 (Cth) in failing to find that the veteran's 'last paid work' was the full-time work that he was prevented from continuing to undertake by his war-caused incapacity

Ratio Decidendi

The applicant's last paid work, for the purposes of s 23(3A)(d) of the Veterans' Entitlements Act 1986 (Cth), was his part-time consultant solicitor work which he continued to undertake at the time of his application. He was not prevented by his incapacity from continuing that work, and therefore did not satisfy the eligibility criterion for an intermediate rate pension under the Act.

Court Disposition

Application dismissed with costs.

Orders

  • The application be dismissed with costs.