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Administrative law

Shafran v Repatriation Commission (No 2)

Shafran v Repatriation Commission (No 2) [2020] FCA 1072

On costs after judicial review, the Court ordered the Repatriation Commission to pay the applicant’s costs from the amended originating application, recognizing public interest and partial success.

  • Costs
  • Judicial review
  • Veterans' entitlements
  • Public interest
  • Judicial-review
  • Veterans-entitlements
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Administrative law

Shafran v Repatriation Commission

Shafran v Repatriation Commission [2019] FCA 1833

Judicial review of Veterans' Review Board procedure under the Veterans' Entitlements Act. The Court held the Secretary, not the Board, controls s 137 extension requests and the Board acted too early.

  • Veterans' entitlements
  • Jurisdictional error
  • Judicial review
  • Procedural fairness
  • Case management directions
  • Administrative-law
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Administrative law

Whitehouse v Repatriation Commission

Whitehouse v Repatriation Commission [2017] FCA 1085

On appeal, the Federal Court held the veteran’s last paid work was his part-time consultant solicitor role, so he did not meet the intermediate-rate pension test.

  • Veterans' entitlements
  • Intermediate rate pension
  • Remunerative work
  • Eligibility criteria
  • Veterans-entitlements
  • Intermediate-rate-pension
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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

Sharley v Repatriation Commission (No 2)

Sharley v Repatriation Commission (No 2) [2013] FCA 1232

The Federal Court made costs orders after an earlier appeal judgment, applying an issues-based approach and apportioning costs between unsuccessful psychiatric claims and successful osteoarthritis claims.

  • Costs
  • Veterans' entitlements
  • Appeal procedure
  • Appeals
  • Veterans-entitlements
  • Administrative-law
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Defence and war

Sloan v Repatriation Commission

Sloan v Repatriation Commission [2012] FCA 1079

The Federal Court dismissed Mr Sloan’s appeal from the AAT, holding there was no error of law in the Tribunal’s approach to “clinical onset” under the veterans’ entitlements regime.

  • Veterans' entitlements
  • Defence-caused illness
  • Standard of proof
  • Clinical onset interpretation
  • Veterans-entitlements
  • Clinical-onset
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Defence and war

Kaluza v Repatriation Commission

Kaluza v Repatriation Commission [2011] FCAFC 97

The Full Court held the remittal was unqualified, so the Tribunal had to rehear the whole claim. It also found errors in the clinical onset and stressor analyses.

  • Veterans' entitlements
  • Scope of remittal
  • Application of statement of principles
  • Clinical onset of medical conditions
  • Experience of severe psychological stressor
  • Veterans-entitlements
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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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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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Administrative law

Rodda v Repatriation Commission

Rodda v Repatriation Commission [2006] FCA 1689

The Federal Court held that written authorisation was required to respond to a Veterans’ Review Board dismissal notice; oral authorisation was insufficient.

  • Veterans' entitlements
  • Pension eligibility
  • Procedural compliance
  • Representation before review board
  • Veterans-entitlements
  • Administrative-law
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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.