Fogarty v Repatriation Commission [2003] FCAFC 136

FEDERAL COURT OF AUSTRALIA

Fogarty v Repatriation Commission [2003] FCAFC 136 VETERAN'S ENTITLEMENTS – generalisedanxiety disorder – claim for a pension in respect of a war-caused disease – appeal from a decision at first instance affirming a decision of the Administrative Appeals Tribunal that, inter alia, the generalised anxiety disorder was not a war-caused disease for the purposes of s 9(1) of the Veterans' Entitlements Act – diagnosis of the disease in issue – failure by the Tribunal to determine to its reasonable satisfaction as a preliminary matter whether the veteran suffered from a generalised anxiety disorder – uncertainty in the standard applied by the Tribunal in making the finding that the veteran did not develop the disorder as a result of service – failure of the Tribunal to consider a medical report – failure of the Tribunal to consider a Statement of Principles in force at the time of its decision – material errors shown Veterans' Entitlements Act 1986 (Cth), ss 5D(1), 9(1), 13(1), 120, 120A, 196, 196B Federal Court of Australia Act 1976 (Cth), s 43(2) Carr and Another v Finance Corporation of Australia Limited (No. 1) (1981) 147 CLR 246 referred to Repatriation Commission v Deledio (1998) 83 FCR 82 applied Benjamin v Repatriation Commission (2001) 70 ALD 622 followed Repatriation Commission v Cooke (1998) 90 FCR 307 referred to Repatriation Commission v Budworth (2001) 116 FCR 200 followed Repatriation Commission v Hill (2002) 69 ALD 581 referred to Repatriation Commission v Gosewinckel (1999) 59 ALD 690 referred to Repatriation Commission v Smith (1987) 15 FCR 327 referred to Minister for Aboriginal Affairs and Another v Peko-Wallsend Limited and Others (1986) 162 CLR 24 followed Repatriation Commission v Gorton (2001) 110 FCR 321 followed Repatriation Commission v Keeley (2000) 98 FCR 108 referred to OLIVE MILDRED FOGARTY v REPATRIATION COMMISSION V 904 of 2002 SPENDER, TAMBERLIN & KENNY JJ 20 JUNE 2003 MELBOURNE