Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repatriation Commission v Money [2009] FCAFC 11
VETERANS' AFFAIRS – war-caused injury or disease – appeal from decision of Administrative Appeals Tribunal – whether veteran's condition of idiopathic fibrosing alveolitis (IFA) was defence-caused – Statement of Principles requires showing of service-related inability to obtain appropriate clinical management – proper meaning of "appropriate clinical management" - whether evidence to support causal link between failure to diagnose condition and eligible defence service – whether failure to obtain appropriate clinical management a material contributing or aggravating factor of the IFA – relevance of extraneous aggravating factors or stimuli Veterans' Entitlements Act 1986 (Cth) s 70, s120, s120B(3), s196BAdministrative Appeals Tribunal Act 1975 (Cth) s 44
Woodward v Repatriation Commission (2003) 131 FCR 473 cited Johnston v The Commonwealth (1982) 150 CLR 331 cited Lee v Minister of Pensions [No 2] (1948) 3 WPAR 1901 cited Johnston v The Commonwealth (1982) 150 CLR 331 cited Federal Broom Company Pty Ltd v Semlitch (1964) 110 CLR 626 cited Brew (1999) 94 FCR 80 cited
REPATRIATION COMMISSION v KAREN LAUREEN MONEY AS EXECUTOR OF THE ESTATE OF DENNIS JOHN MONEY
WAD 59 of 2008
FINN, DOWSETT AND EDMONDS JJ
13 FEBRUARY 2009
ADELAIDE (VIA VIDEO LINK TO PERTH)
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 59 of 2008
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: REPATRIATION COMMISSION
Appellant
AND: KAREN LAUREEN MONEY AS EXECUTOR OF THE ESTATE OF DENNIS JOHN MONEY
Respondent
JUDGES: FINN, DOWSETT AND EDMONDS JJ
DATE OF ORDER: 13 FEBRUARY 2009
WHERE MADE: ADELAIDE (VIA VIDEO LINK TO PERTH)
THE COURT ORDERS THAT:
1. The appeal be allowed; 2. The decision of the Tribunal be set aside; and 3. The decision be remitted to the Tribunal for further hearing and determination according to law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate