Hill v Repatriation Commission [2009] FCAFC 91

FEDERAL COURT OF AUSTRALIA

Hill v Repatriation Commission [2009] FCAFC 91

ADMINISTRATIVE LAW – veteran's entitlements – widow's pension – decision of Administrative Appeals Tribunal that veteran's death was "war-caused" – appeal allowed and matter remitted to Tribunal for determination according to law – whether primary judge erred in interpreting ss 5 D and 120A of Veterans' Entitlements Act 1986 (Cth) by concluding that neither "heart failure" nor "kidney failure" was capable of constituting a "kind of death" under that Act – primary judge correctly concluded that the Tribunal erred in law – Tribunal failed to determine why the veteran's heart failed – Tribunal failed to identify the cause or causes of the veteran's death PRACTICE AND PROCEDURE – no cross-appeal or notice of contention filed – whether respondent entitled to raise cross-appeal at hearing, that primary judge ought to have dismissed the matter rather than remit to the Tribunal – notice of appeal at first instance sought order that matter be remitted to the Tribunal – no error by primary judge Veterans' Entitlements Act 1986 (Cth) ss 5AB(2), 5D, 8(1)(b), 13(1), 120, 120A, 196B Benjamin v Repatriation Commission (2001) 70 ALD 622 cited Brown v Repatriation Commission [2006] FCA 914 cited Bushell v Repatriation Commission (1992) 175 CLR 408 cited Byrnes v Repatriation Commission (1993) 177 CLR 564 cited Collins v Repatriation Commission [2009] FCAFC 90 referred to Doolette v Repatriation Commission (1990) 21 ALD 489 cited Fogarty v Repatriation Commission [2003] FCAFC 136 cited Repatriation Commission v Codd (2007) 95 ALD 619 cited Repatriation Commission v Cooke (1998) 90 FCR 307 cited Repatriation Commission v Deledio (1998) 83 FCR 82 applied Repatriation Commission v Hancock (2003) 37 AAR 383 applied Repatriation Commission v Law (1980) 147 CLR 635 cited Repatriation Commission v Law (1980) 31 ALR 140 cited Repatriation Commission v Towns (2003) 38 AAR 77 cited