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Repatriation Commission v Woodall [2015] FCA 1267
The Federal Court dismissed the Repatriation Commission’s appeal, holding that the Tribunal correctly applied s 24(2)(b) of the Veterans’ Entitlements Act to Mr Woodall’s claim.
Gilkinson v Repatriation Commission [2010] FCA 1292
Federal Court appeal on veterans' entitlements dismissed. The Court held the Tribunal correctly applied the statutory test for whether service was related to obesity and sleep apnoea.
Hill v Repatriation Commission [2009] FCAFC 91
The Full Court held the Tribunal erred by treating heart failure and kidney failure as the kind of death without identifying the true medical cause or causes of death.
Renton v Repatriation Commission [2009] FCA 268
Federal Court appeal about a veterans’ alcohol dependence claim and the Statement of Principles. The Court found error in how the Tribunal assessed casualty-list exposure as a severe stressor.
Collins v Repatriation Commission [2008] FCA 1982
Appeal from a denied war widow’s pension failed because ischemic heart disease hastened death but did not cause the fatal pulmonary embolism.
Gardiner v Repatriation Commission [2007] FCA 1290
Federal Court appeal against an AAT decision on a veteran’s entitlements claim dismissed. Sackville J held the Tribunal did not engage in impermissible fact finding at the reasonable-hypothesis stage.
Collins v Repatriation Commission [2005] FCA 1566
Appeal from the AAT dismissed. The Court held the applicable Statement of Principles required proof of inability to obtain appropriate clinical management, which was not shown.
Blair v Repatriation Commission [2005] FCA 1076
The Federal Court dismissed a veterans’ entitlements appeal about whether Lyme disease was war-caused. The Court held the Tribunal did not impose a burden of proof.
Hardman v Repatriation Commission [2005] FCAFC 83
The Full Court allowed a veteran’s appeal, holding the Tribunal erred by engaging in impermissible fact-finding when assessing a reasonable hypothesis under s 120 of the Act.
Ryde v Repatriation Commission [2004] FCA 1281
The Federal Court held that s 20 of the Veterans' Entitlements Act does not let a war widow's pension be backdated to an earlier unsuccessful claim.
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