Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repatriation Commission v Butcher [2007] FCAFC 36 VETERAN'S AFFAIRS – appeal from single judge affirming decision of Administrative Appeals Tribunal that veteran entitled to pension at special rate – whether primary judge erred in defining the duties that constituted past remunerative work undertaken by the veteran – whether primary judge erred in deciding factual question for himself rather than remitting matter to the Tribunal - costs - appeal allowed. Federal Proceedings (Costs) Act 1981 (Cth), s 6(3) Administrative Appeals Tribunal Act 1975 (Cth), s 44 Veterans' Entitlements Act 1986 (Cth), s 24 Banovich v Repatriation Commission (1986) 69 ALR 395, followed Starcevich v Repatriation Commission (1987) 18 FCR 221, followed Repatriation Commission v Hendy (2002) 76 ALD 47, followed Cavell v Repatriation Commission (1988) 9 AAR 534 at 539, cited REPATRIATION COMMISSION v GREGORY MICHAEL BUTCHER SAD 136 OF 2006
TAMBERLIN, NICHOLSON AND TRACEY JJ
22 march 2007
SYDNEY (HEARD IN ADELAIDE) IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 136 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: REPATRIATION COMMISSION
Appellant
AND: GREGORY MICHAEL BUTCHER
Respondent
JUDGES: TAMBERLIN, NICHOLSON AND TRACEY JJ DATE OF ORDER: 22 march 2007
WHERE MADE: SYDNEY (HEARD IN ADELAIDE)
THE COURT ORDERS THAT:
1. The appeal be allowed with costs. 2. The orders made by His Honour be set aside. 3. The decision of the Administrative Appeals Tribunal be set aside. 4. The matter be remitted to the Administrative Appeals Tribunal for determination in accordance with these reasons. The Court considers that this is an appropriate case in which to certify that in the opinion of the Court it would be appropriate for the Attorney-General to authorise a payment under the Federal Proceedings (Costs) Act 1981 (Cth) pursuant to s 6(3). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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