Repatriation Commission v Crane [2004] FCAFC 86

FEDERAL COURT OF AUSTRALIA

Repatriation Commission v Crane [2004] FCAFC 86

VETERANS' ENTITLEMENTS – appeal from Administrative Appeals Tribunal – major depressive disorder and generalised anxiety disorder – exposure to asbestos – whether the Administrative Appeals Tribunal considered the correct Statement of Principles – whether the Administrative Appeals Tribunal considered the matters set out in Repatriation Commission v Deledio (1998) 83 FCR 82 – whether the Tribunal put its mind to the connection between the diseases and the veteran's eligible service Veterans' Entitlements Act 1986 (Cth) ss 5C(1), 5D(2), 5Q(1A), ss 6 to 6F, ss 7, 9, 13, 14, 15, 17, 19, 68, 196, Part II, Schedule 2 Repatriation Commission v Deledio (1998) 83 FCR 82 applied Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to REPATRIATION COMMISSION v JOHN CAMPBELL CRANE No Q 82 of 2003 SPENDER, RD NICHOLSON and NORTH JJ BRISBANE 5 APRIL 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 82 OF 2003

ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY DEPUTY PRESIDENT D MULLER

BETWEEN: REPATRIATION COMMISSION

APPLICANT

AND: JOHN CAMPBELL CRANE

RESPONDENT

JUDGES: SPENDER, RD NICHOLSON and NORTH JJ

DATE OF ORDER: 5 APRIL 2004

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The applicant pay the costs of the respondent, to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 82 OF 2003

ON APPEAL FROM THE VETERANS' APPEALS DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY DEPUTY PRESIDENT D MULLER