Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gilkinson v Repatriation Commission [2011] FCAFC 133 Citation: Gilkinson v Repatriation Commission [2011] FCAFC 133
Appeal from: Gilkinson v Repatriation Commission (2010) ALD 547, [2010] FCA 1292
Parties: DAVID GILKINSON v REPATRIATION COMMISSION
File number: NSD 1756 of 2010
Judges: PERRAM, NICHOLAS AND ROBERTSON JJ
Date of judgment: 28 October 2011
Catchwords: DEFENCE AND WAR - Veterans' entitlements – war-caused injury or disease – appeal from decision of Administrative Appeals Tribunal – whether Tribunal erred in failing to consider s 196B(14)(b) of the Veterans' Entitlements Act 1986 (Cth) in determining whether a factor causing, or contributing to, an injury or disease was related to service rendered by the appellant – scope of s 196B(14)(b) when compared to s 196B(14)(d) – meaning of "arose out of, or was attributable to"
Legislation: Repatriation Act 1920 (Cth) Veterans' Affairs (1994-95 Budget Measures) Legislation Amendment Act 1994 (Cth) Veterans' Entitlements Act 1986 (Cth) ss 8, 9, 70, 120, 120A and 196B
Cases cited: Deledio v Repatriation Commission (1997) 47 ALD 261 followed Hill v Repatriation Commission (2009) 177 FCR 434 followed March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 referred to Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 applied Repatriation Commission v Law (1980) 31 ALR 140 cited Repatriation Commission v Money (2009) 173 FCR 410 cited Roncevic v Repatriation Commission (2005) 222 CLR 115 cited
Date of hearing: 27 May 2011
Place: Sydney
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