Carter v Repatriation Commission [2001] FCA 992

Carter v Repatriation Commission [2001] FCA 992

Mr Carter did not satisfy the requirement under s 24(2A)(g) of the Veterans' Entitlements Act 1986 (Cth) to have been working on his own account in his profession for a continuous period of at least ten years before he stopped undertaking his last paid work because the break in his employment after dissolution of...

Source-derived case information.

Parties
Applicant: Edward Gordon Carter; Respondent: Repatriation Commission
Jurisdiction
Australia
Judgment Date
30 July 2001
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Eligibility for Special Rate Pension, Interpretation of 'last Paid Work' Under Veterans' Entitlements Act, Requirements of Continuous Employment
Veterans' Affairs Administrative Law Eligibility for Special Rate Pension Interpretation of 'last Paid Work' Under Veterans' Entitlements Act Requirements of Continuous Employment

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Parties

Edward Gordon Carter

Applicant

Repatriation Commission

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether 'last paid work' under Veterans' Entitlements Act 1986 (Cth) s 24(2A)(d) can be constituted by work of a de minimus nature (less than 8 hours per week)
  2. 2 Whether applicant satisfied the 10-year continuous period requirement under s 24(2A)(g)

Ratio Decidendi

Mr Carter did not satisfy the requirement under s 24(2A)(g) of the Veterans' Entitlements Act 1986 (Cth) to have been working on his own account in his profession for a continuous period of at least ten years before he stopped undertaking his last paid work because the break in his employment after dissolution of his partnership prevented a continuous period prior to cessation of contract work with NZI.

Court Disposition

Appeal dismissed

Orders

  • The decision of the Tribunal be affirmed