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Administrative law

Repatriation Commission v Heathcote

Repatriation Commission v Heathcote [2009] FCA 1207

Appeal over defence-caused death under veterans’ entitlements provisions. The Court upheld findings that hydrocarbons exposure led to MGUS, amyloidosis and death from cardiomyopathy.

  • Veterans' entitlements
  • Compensation for defence-caused death
  • Causation in statutory welfare law
  • Application of statements of principles
  • Evidentiary review of medical causation
  • Veterans-entitlements
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Administrative law

Hill v Repatriation Commission

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.

  • Interpretation of veterans' entitlements act 1986 (cth)
  • Cause of death determination under statute
  • Application of statements of principles
  • Procedural requirements—remitter versus dismissal
  • Veterans-entitlements
  • Administrative-law
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Defence and war

Tunks v Repatriation Commission

Tunks v Repatriation Commission [2008] FCA 521

Federal Court appeal in a veterans’ entitlements claim held the Tribunal erred by treating absence of evidence as fatal and by making factual findings too early.

  • Veterans' entitlements
  • Pension claims
  • Reasonable hypothesis test
  • Application of statements of principles
  • Standard of proof
  • Errors 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

Williams v Repatriation Commission

Williams v Repatriation Commission [2001] FCA 601

Federal Court held the Tribunal erred in applying the veterans’ smoking rules and remitted a widow’s pension appeal for rehearing.

  • Widow's pension
  • War-caused death
  • Application of statements of principles
  • Interpretation of veterans' entitlements act s 120
  • Veterans-entitlements
  • Statements-of-principles
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.