Starcevich, J.F. v Repatriation Commission [1987] FCA 527

Starcevich, J.F. v Repatriation Commission [1987] FCA 527

'Remunerative work' for purposes of s.24(1)(c) is not confined to the last engagement but may encompass a veteran's prior main occupation; the applicant was prevented by war-caused incapacity from resuming farming and suffered economic loss. Thus, the applicant satisfied the statutory requirements for the special rate pension.

Parties
Applicant: Joseph Frederick Starcevich; Respondent: Repatriation Commission
Jurisdiction
Australia
Judgment Date
06 October 1987
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed with costs
Legal Topics
Interpretation of 'remunerative Work' in Pension Eligibility, Entitlement to Special Rate War Pension, Statutory Construction Under Veterans' Entitlements Act 1986
Administrative Law Veterans' Entitlements Interpretation of 'remunerative Work' in Pension Eligibility Entitlement to Special Rate War Pension Statutory Construction Under Veterans' Entitlements Act 1986

Case Brief

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Parties

Joseph Frederick Starcevich

Applicant

Repatriation Commission

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether 'remunerative work' in s.24(1)(c) of the Veterans' Entitlements Act 1986 refers only to the last remunerative work undertaken or includes any prior type of work
  2. 2 Conditions under s.24(1)(c) for obtaining a special rate war pension
  3. 3 Interpretation of loss of salary or wages under the Act

Ratio Decidendi

'Remunerative work' for purposes of s.24(1)(c) is not confined to the last engagement but may encompass a veteran's prior main occupation; the applicant was prevented by war-caused incapacity from resuming farming and suffered economic loss. Thus, the applicant satisfied the statutory requirements for the special rate pension.

Court Disposition

Appeal allowed with costs

Orders

  • The appeal is allowed with costs.
  • The decision of the Administrative Appeals Tribunal and the decision under review by it are set aside.