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Administrative law

Forster v Repatriation Commission

Forster v Repatriation Commission [2015] FCA 198

Appeal allowed in part in a veterans’ benefits dispute. The Court set aside findings on PTSD and alcohol dependence, but upheld the hypertension finding.

  • Disability benefits
  • Post-traumatic stress disorder
  • Alcohol dependence
  • Hypertension
  • Bullying
  • Defence-caused injury
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Administrative law

McKinley v Repatriation Commission

McKinley v Repatriation Commission [2015] FCA 145

Appeal from the AAT dismissed. The Court upheld the Tribunal’s reliance on a Writeway report, its reasons, and its application of the Veterans’ Entitlements Act.

  • Procedural fairness
  • Standard of proof
  • Bias in decision-making
  • Review of administrative decisions
  • Veterans' pensions
  • Administrative-law
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Administrative law

Schulz v Repatriation Commission

Schulz v Repatriation Commission [2014] FCA 387

An appeal about veterans’ pension entitlements was dismissed after the Court held the Commission was not required to exercise s 180A where the Statements of Principles did not support the claims.

  • Veterans' entitlements
  • Pension claims
  • Statement of principles
  • Administrative review
  • Standard of proof
  • Procedural fairness
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Administrative law

Kaluza v Repatriation Commission

Kaluza v Repatriation Commission [2010] FCA 1244

The Federal Court dismissed a veteran’s appeal, holding the remittal was limited to the 1969 flight issue and that the Tribunal correctly applied the relevant SoPs.

  • Scope of remittal
  • Operational service under veterans' entitlements act
  • Determination of clinical onset of conditions
  • Application of statements of principles (sops)
  • Definition of severe psychological stressor
  • Scope-of-remittal
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Administrative law

Repatriation Commission v Robertson

Repatriation Commission v Robertson [2007] FCA 1674

The Federal Court held the Tribunal applied the wrong statutory test in a veterans’ entitlements appeal and remitted the matter for reconsideration.

  • Veteran's entitlements
  • Disability pension claims
  • Jurisdictional error
  • Application of statutory tests
  • Veterans-entitlements
  • Administrative-law
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Administrative law

Repatriation Commission v Milenz

Repatriation Commission v Milenz [2006] FCA 1436

Appeal from the AAT on veterans’ benefits. The Federal Court held the Tribunal misapplied the Statements of Principles on clinical worsening and remitted the matter.

  • Construction and operation of ss 120(1), 120(3), 120(4), 120a(3) of veterans' entitlements act 1986 (cth)
  • Interpretation and application of statements of principles
  • Diagnosis and clinical worsening of disease for veterans' entitlement claims
  • Veterans-entitlements
  • Administrative-law
  • Statements-of-principles
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Administrative law

Roncevich v Repatriation Commission

Roncevich v Repatriation Commission [2005] HCA 40

The High Court held the Tribunal applied the wrong test to a veteran’s claim, by focusing too narrowly on compulsion rather than whether the injury arose out of or was attributable to defence service.

  • Repatriation compensation
  • Defence-caused injuries
  • Causation
  • Scope of defence service
  • Sufficiency of reasons
  • Jurisdiction on questions of law
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Veterans law

Repatriation Commission v Turner

Repatriation Commission v Turner [2004] FCA 1184

The Federal Court dismissed the Repatriation Commission’s appeal, holding the AAT applied the correct standard and made supportable findings on PTSD and clinical management.

  • Veterans' entitlements—defence-caused injury
  • Standard of proof—reasonable satisfaction
  • Application of statements of principles
  • Adequacy of reasons
  • Causal nexus—defence service
  • Veterans-entitlements-act
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Administrative law

O'Sullivan v Repatriation Commission

O'Sullivan v Repatriation Commission [2003] FCA 387

The Federal Court set aside an AAT decision after finding the applicant was cross-examined on an incomplete tax return, denying procedural fairness.

  • Procedural fairness
  • Statutory interpretation
  • Pensions
  • Judicial review
  • Procedural-fairness
  • Administrative-appeals-tribunal
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Administrative law

Repatriation Commission v Flynn

Repatriation Commission v Flynn [2000] FCA 643

The Federal Court dismissed an appeal challenging the AAT’s use of medical and scientific evidence to find a reasonable hypothesis for war widow’s pensions under s 120.

  • War widow's pension
  • Reasonable hypothesis
  • Standard of proof under veterans' entitlements act s 120
  • Assessment of medical and scientific evidence
  • Veterans-entitlements
  • Reasonable-hypothesis
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