Parkes v Repatriation Commission [2020] FCA 1770

Parkes v Repatriation Commission [2020] FCA 1770

The Court found it appropriate, by consent, to allow the appeal, set aside the AAT's decision, and remit the matter to the AAT for redetermination according to law due to error of law by the AAT in its construction and application of s 24(2A)(d) and (e) of the Veterans' Entitlements Act 1986 (Cth) and in adopting the incorrect date for the relevant assessment period.

Jurisdiction
Australia
Judgment Date
08 December 2020
Procedural Posture
Appeal / Judgment on Appeal Under S 44 of Administrative Appeals Tribunal Act 1975 (cth)
Outcome
Appeal allowed
Legal Topics
["veterans' Entitlements" 'disability Pension' 'administrative Appeals' 'error of Law']
['social Security' 'administrative Law'] ["veterans' Entitlements" 'disability Pension' 'administrative Appeals' 'error of Law']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal Under S 44 of Administrative Appeals Tribunal Act 1975 (cth)

Legal Issues

  1. 1 ["Whether the Administrative Appeals Tribunal erred in the construction and application of s 24(2A)(d) and s 24(2A)(e) of the Veterans' Entitlements Act 1986 (Cth)" 'Whether the AAT adopted the wrong date of assessment for pension entitlement purposes']

Ratio Decidendi

The Court found it appropriate, by consent, to allow the appeal, set aside the AAT's decision, and remit the matter to the AAT for redetermination according to law due to error of law by the AAT in its construction and application of s 24(2A)(d) and (e) of the Veterans' Entitlements Act 1986 (Cth) and in adopting the incorrect date for the relevant assessment period.

Court Disposition

Appeal allowed

Orders

  • ['The appeal is allowed (because of the agreed errors described in question of law 1 of the Appeal).' 'The decision of the AAT in proceedings 2018/3436 be set aside.' 'The matter be remitted to the AAT and determined according to law.' "The Respondent is to pay the Applicant's costs fixed in the amount of $7,700."]