Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repatriation Commission v Watkins [2015] FCAFC 10 Citation: Repatriation Commission v Watkins [2015] FCAFC 10
Appeal from: Watkins v Repatriation Commission [2014] FCA 787
Parties: REPATRIATION COMMISSION v JOHN RAYMOND WATKINS
File number: VID 487 of 2014
Judges: KENNY, BARKER AND RANGIAH JJ
Date of judgment: 11 February 2015
Catchwords: DEFENCE AND WAR – veterans' entitlements – special rate of pension under s 24(1)(c) of the Veterans' Entitlements Act 1986 (Cth) – whether applicant prevented from engaging in remunerative work by war-caused injuries alone APPEAL AND NEW TRIAL – applicant did not file notice of contention within 21 days of notice of appeal being served under r 36.24 of the Federal Court Rules 2011 (Cth) – applicant did not file application for extension of time to file notice of contention – no explanation given – contentions without merit – leave to extend time to rely on notice of contention refused
Legislation: Administrative Appeals Tribunals Act 1975 (Cth) s 43(2B) Veterans' Entitlements Act 1986 (Cth) s 22, s 24, s 24(1), s 24(1)(a)(i), s 24(1)(b), s 24(1)(c), s 24(2), s 24(2)(a), s 24(2)(a)(ii), s 24(2)(b), s 24(2A), s 24(2B) Federal Court Rules 2011 (Cth) r 36.24
Cases cited: Forbes v Repatriation Commission [2000] FCA 328; (2000) 101 FCR 50 Flentjar v Repatriation Commission [1997] FCA 1200; (1997) 48 ALD 1 Repatriation Commission v Alexander [2003] FCA 399; (2002) 75 ALD 329 Repatriation Commission v Butcher [2007] FCAFC 36; (2007) 94 ALD 364 Repatriation Commission v Hendy [2002] FCAFC 424; (2002) 76 ALD 47 Repatriation Commission v Richmond [2014] FCAFC 124 Smith v Repatriation Commission [2014] FCAFC 53 Minister for Immigration and Citizenship v SZQRB [2013] FCAFC 33
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