Woodward v Repatriation Commissioner [1999] FCA 1647

Procedural Posture

Appeal From the Veterans' Appeals Division of the Administrative Appeals Tribunal / Federal Court Judgment on Appeal

Legal Issues

1. 1 ["Whether incapacity from war-caused injury or war-caused disease alone prevented Mr Woodward from continuing to undertake his last paid work within Veterans' Entitlements Act 1986 s 24(2A)(d)." 'Whether Mr Woodward suffered a loss of salary, wages or earnings because he was so prevented from undertaking his last paid work.' 'Whether the consultancy work for which Mr Woodward received $65 per week was remunerative work.']

Ratio Decidendi

The Tribunal was entitled to find that Mr Woodward did not cease the consultancy because war-caused injuries or diseases alone prevented him from continuing it, but because of voluntary retirement and other factors including age and non-accepted orthopaedic problems. That lack of a sole causal connection between the loss of remuneration and war-related injuries meant the requirements of s 24(2A) were not met, so the appeal had to be dismissed.

Court Disposition

Appeal dismissed.

Orders

• ['The appeal be dismissed.']