Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Leane v Repatriation Commission [2004] FCAFC 83 Veteran's Entitlements Act, 1986 (Cth) – Section 24(2)(b) – Whether the veteran was genuinely seeking to engage in remunerative work – Whether veteran must show that he complies throughout the assessment period – Whether material before AAT capable of satisfying AAT that veteran met requirements
Veterans' Entitlements Act 1986 (Cth) s 9, 19(1), 19(3), 19(5A), 19(5B), 19(5C), 19(5D), 19(9), 22, 24(1)(b), 24(1)(c), 24(2)(a), 24(2)(b) and 135 Administrative Appeals Tribunal Act 1975 s 44
Flentjar v Repatriation Commission (1997) 26 AAR 93 Repatriation Commission v Hendy [2002] FCAFC 424 Repatriation Commission v Sheehy (1995) 133 ALR 654 JOHN AUBREY LEANE v REPATRIATION COMMISSION A25 of 2003 EMMETT, CONTI & SELWAY JJ 31 MARCH 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY A25 OF 2003
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: JOHN AUBREY LEANE
APPELLANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGES: EMMETT, CONTI & SELWAY JJ
DATE OF ORDER: 31 MARCH 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY A25 OF 2003
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: JOHN AUBREY LEANE
APPELLANT
AND: REPATRIATION COMMISSION
RESPONDENT
JUDGES: EMMETT, CONTI & SELWAY JJ
DATE: 31 MARCH 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 The appellant, John Aubrey Leane ('the Veteran'), claims to be entitled to a special rate of pension under the Veterans' Entitlements Act 1986 (Cth) ('the Entitlements Act'). On 30 July 1997 the respondent, the Repatriation Commission ('the Commission'), refused to grant a pension at the special rate. On 1 March 2001, the Veterans' Review Board ('the Board') decided that the Veteran be granted a pension at 100 per cent of the general rate to operate from and including 18 August 1996. However, the Board affirmed the decision not to grant a pension at the special rate. The Veteran applied on 27 March 2001 to the Administrative Appeals Tribunal ('the Tribunal') for a review of the decision of the Board. On 7 February 2003 the Tribunal affirmed the decision of the Board of 1 March 2001. 2 On 6 March 2003, the Veteran filed a notice of appeal in the Federal Court of Australia, pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 ('the AAT Act'). On 27 August 2003, a judge of the Court ordered that the appeal be dismissed with costs. On 17 September 2003 the Veteran filed a notice of appeal to the Full Court from the orders of the primary judge.
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