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Australia decisions
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Walker v Repatriation Commission [2024] FCA 190
The Federal Court granted an extension of time, quashed VRB decisions, and remitted veterans’ pension claims after finding reviewable error in the Board’s reasoning.
Wooding v Repatriation Commission [2007] FCA 318
Federal Court held the Tribunal took too narrow a view of “representative” in a Veterans’ Entitlements ministerial determination. The appeal was allowed and remitted.
Comcare v Houghton [2003] FCA 332
The Federal Court set aside an AAT decision on a compensation claim, holding the Tribunal asked the wrong question and lacked sufficient factual findings on s 6A.
Carter v Repatriation Commission [2001] FCA 992
The Federal Court affirmed refusal of a special rate pension, holding Mr Carter’s contract audit work was his last paid work and that he lacked 10 continuous years.
Lamers v Repatriation Commission [2001] FCA 24
Federal Court appeal dismissed in a veterans’ pension case. The Court held the relevant work was taxi owner-driver work, not leasing the taxi licence.
Tracy v Repatriation Commission [1999] FCA 1523
The Federal Court set aside the Commission’s refusal of vehicle assistance after finding it had not considered the applicant’s latest evidence about his deteriorating condition.
Grant v Repatriation Commission [1999] FCA 1047
Appeal from the AAT on a veteran’s claim for special-rate pension dismissed. The Court held the applicant’s war-caused disabilities were not the sole cause of stopping remunerative work.
Fry, John v Repatriation Commission [1997] FCA 771
Appeal against refusal of Special Rate veteran’s pension dismissed. The Court held the claimant ceased market officer work because of his criminal conviction, not solely war-caused disabilities.
Repatriation Commission v Flentjar, John Joseph [1997] FCA 371
The Federal Court allowed an appeal from the AAT, holding it had wrongly assessed special rate pension eligibility under s 24(1)(c) of the Veterans' Entitlements Act.
Cooke, Colin Mack v Repatriation Commission [1997] FCA 305
The Full Court held the Tribunal misapplied s 120 of the Veterans' Entitlements Act by rejecting reasonable hypotheses too early and remitted the claims.
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