Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repatriation Commission v Connell [2011] FCAFC 116 Citation: Repatriation Commission v Connell [2011] FCAFC 116
Appeal from: Connell v Repatriation Commission [2010] AATA 911
Parties: REPATRIATION COMMISSION v BRUCE DOUGLAS CONNELL
File number: NSD 1762 of 2010
Judges: MARSHALL, DOWNES AND BROMBERG JJ
Date of judgment: 31 August 2011
Catchwords: VETERANS' ENTITLEMENTS – appeal from decision of the Administrative Appeals Tribunal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – entitlement to Intermediate Rate of disability pension –whether the Tribunal erred in construing s 23(1)(c) of the Veteran's Entitlements Act 1986 (Cth) – meaning of "prevented from continuing to undertake remunerative work that the veteran was undertaking" in s 23(1)(c)
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Veterans' Entitlements Act 1986 (Cth) s 23(1)(c)
Cases cited: Flentjar v Repatriation Commission (1997) 48 ALD 1 Repatriation Commission v Haskard (2002) 126 FCR 1 Peacock v Repatriation Commission (2007) 161 FCR 256 Kowalski v Repatriation Commission [2011] FCAFC 43
Date of hearing: 22 August 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 34
Counsel for the Appellant: Ms R Henderson
Counsel for the Appellant: Australian Government Solicitor
Counsel for the Respondent: Ms C Ronalds SC with Ms E Wood
Solicitor for the Respondent: Legal Aid New South Wales
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